Fungal resistant plants expressing hcp5

ABSTRACT

The present invention relates to a method of increasing resistance against fungal pathogens of the order Pucciniales, preferably the family Phacopsoraceae, in plants and/or plant cells. This is achieved by increasing the expression of an HCP5 protein or fragment thereof in a plant, plant part and/or plant cell in comparison to wild type plants, wild type plant parts and/or wild type plant cells. Furthermore, the invention relates to transgenic plants, plant parts, and/or plant cells having an increased resistance against fungal pathogens, in particular, pathogens of the order Pucciniales, preferably the family Phacopsoraceae, and to recombinant expression vectors comprising a sequence that is identical or homologous to a sequence encoding an HCP5 protein.

SUMMARY OF THE INVENTION

This application is a continuation of U.S. patent application Ser. No.14/418,659, which is the U.S. National Stage application ofInternational Application No. PCT/IB2013/056244, filed Jul. 30, 2013,which claims the benefit of U.S. Provisional Application No. 61/681,162,filed Aug. 9, 2012, and which claims priority under 35 U.S.C. § 119 toEuropean Patent Application No. 12179862.3, filed Aug. 9, 2012. Theentire contents of the aforementioned applications are incorporatedherein by reference.

REFERENCE TO SEQUENCE LISTING SUBMITTED VIA EFS-WEB

This application was filed electronically via EFS-Web and includes anelectronically submitted sequence listing in .txt format. The .txt filecontains a sequence listing entitled “73660-CON_Seqlisting” created onJun. 15, 2018, and is 118,784 bytes in size. The sequence listingcontained in this .txt file is part of the specification and is herebyincorporated by reference herein in its entirety.

BACKGROUND OF THE INVENTION

The cultivation of agricultural crop plants serves mainly for theproduction of foodstuffs for humans and animals. Monocultures inparticular, which are the rule nowadays, are highly susceptible to anepidemic-like spreading of diseases. The result is markedly reducedyields. To date, the pathogenic organisms have been controlled mainly byusing pesticides. Nowadays, the possibility of directly modifying thegenetic disposition of a plant or pathogen is also open to man.

Resistance generally describes the ability of a plant to prevent, or atleast curtail the infestation and colonization by a harmful pathogen.Different mechanisms can be discerned in the naturally occurringresistance, with which the plants fend off colonization byphytopathogenic organisms. These specific interactions between thepathogen and the host determine the course of infection (Schopfer andBrennicke (1999) Pflanzenphysiologie, Springer Verlag,Berlin-Heidelberg, Germany).

With regard to the race specific resistance, also called hostresistance, a differentiation is made between compatible andincompatible interactions. In the compatible interaction, an interactionoccurs between a virulent pathogen and a susceptible plant. The pathogensurvives, and may build up reproduction structures, while the hostmostly dies off. An incompatible interaction occurs on the other handwhen the pathogen infects the plant but is inhibited in its growthbefore or after weak development of symptoms (mostly by the presence ofR genes of the NBS-LRR family, see below). In the latter case, the plantis resistant to the respective pathogen (Schopfer and Brennicke, videsupra). However, this type of resistance is specific for a certainstrain or pathogen.

In both compatible and incompatible interactions a defensive andspecific reaction of the host to the pathogen occurs. In nature,however, this resistance is often overcome because of the rapidevolutionary development of new virulent races of the pathogens (Neu etal. (2003) American Cytopathol. Society, MPMI 16 No. 7: 626-633).

Most pathogens are plant-species specific. This means that a pathogencan induce a disease in a certain plant species, but not in other plantspecies (Heath (2002) Can. J. Plant Pathol. 24: 259-264). The resistanceagainst a pathogen in certain plant species is called non-hostresistance. The non-host resistance offers strong, broad, and permanentprotection from phytopathogens. Genes providing non-host resistanceprovide the opportunity of a strong, broad and permanent protectionagainst certain diseases in non-host plants. In particular, such aresistance works for different strains of the pathogen.

Fungi are distributed worldwide. Approximately 100 000 different fungalspecies are known to date. Thereof rusts are of great importance. Theycan have a complicated development cycle with up to five different sporestages (spermatium, aecidiospore, uredospore, teleutospore andbasidiospore).

During the infection of plants by pathogenic fungi, different phases areusually observed. The first phases of the interaction betweenphytopathogenic fungi and their potential host plants are decisive forthe colonization of the plant by the fungus. During the first stage ofthe infection, the spores become attached to the surface of the plants,germinate, and the fungus penetrates the plant. Fungi may penetrate theplant via existing ports such as stomata, lenticels, hydatodes andwounds, or else they penetrate the plant epidermis directly as theresult of the mechanical force and with the aid of cell-wall-digestingenzymes. Specific infection structures are developed for penetration ofthe plant.

Immediately after recognition of a potential pathogen the plant startsto elicit defense reactions. Mostly the presence of the pathogen issensed via so called PAMP receptors, a class of trans-membrane receptorlike kinases recognizing conserved pathogen associated molecules (e.g.flagellin or chitin). Downstream of the PAMP receptors, thephytohormones salicylic acid (SA), jasmonate (JA) and ethylene (ET) playa critical role in the regulation of the different defense reactions.Depending on the ratio of the different phytohormones, different defensereactions are elicited by the host cell. Generally SA dependent defenseis linked with resistance against biotrophic pathogens, whereas JA/ETdependent defense reactions are active against necrotrophic pathogens(and insects).

Another more specific resistance mechanism is based on the presence ofso called resistance genes (R-genes). Most R genes belong to thenucleotide-binding site-leucine-rich repeat (NBS-LRR) gene family andfunction in monitoring the presence of pathogen effector proteins(virulence factors; avirulence factors). After recognizing the pathogenderived proteins a strong defense reaction (mostly accompanied by aprogrammed cell death) is elicited.

The soybean rust Phakopsora pachyrhizi directly penetrates the plantepidermis. After crossing the epidermal cell, the fungus reaches theintercellular space of the mesophyll, where the fungus starts to spreadthrough the leaves. To acquire nutrients the fungus penetrates mesophyllcells and develops haustoria inside the mesophyl cell. During thepenetration process the plasmamembrane of the penetrated mesophyll cellstays intact. Therefore the soybean rust fungus establishes a biotrophicinteraction with soybean.

The biotrophic phytopathogenic fungi, such as soybean rust and all otherrust fungi, depend for their nutrition on the metabolism of living cellsof the plants. This type of fungi belong to the group of biotrophicfungi, like other rust fungi, powdery mildew fungi or oomycete pathogenslike the genus Phytophthora or Peronospora. The necrotrophicphytopathogenic fungi depend for their nutrition on dead cells of theplants, e.g. species from the genus Fusarium, Rhizoctonia orMycospaerella. Soybean rust has occupied an intermediate position, sinceit penetrates the epidermis directly, whereupon the penetrated cellbecomes necrotic. After the penetration, the fungus changes over to anobligatory-biotrophic lifestyle. The subgroup of the biotrophic fungalpathogens which follows essentially such an infection strategy isheminecrotrohic. In contrast to a heminecrotrophic pathogen, ahemibiotrophic pathogen lives for a short period of time in a biotrophicmanner and subsequently starts killing the host cell and/or hostorganism, i.e., changes for the rest of its life-cycle to a necrotrophiclife-style.

Soybean rust has become increasingly important in recent times. Thedisease may be caused by the biotrophic rusts Phakopsora pachyrhizi andPhakopsora meibomiae. They belong to the class Basidiomycota, orderUredinales, family Phakopsoraceae. Both rusts infect a wide spectrum ofleguminosic host plants. P. pachyrhizi, also referred to as Asian rust,is the more aggressive pathogen on soy (Glycine max), and is therefore,at least currently, of great importance for agriculture. P. pachyrhizican be found in nearly all tropical and subtropical soy growing regionsof the world. P. pachyrhizi is capable of infecting 31 species from 17families of the Leguminosae under natural conditions and is capable ofgrowing on further 60 species under controlled conditions (Sinclair etal. (eds.), Proceedings of the rust workshop (1995), NationalSoyaResearch Laboratory, Publication No. 1 (1996); Rytter J. L. et al.,Plant Dis. 87, 818 (1984)). P. meibomiae has been found in the CaribbeanBasin and in Puerto Rico, and has not caused substantial damage as yet.

P. pachyrhizi can currently be controlled in the field only by means offungicides. Soy plants with resistance to the entire spectrum of theisolates are not available. When searching for resistant soybeanaccessions, six dominant R-genes of the NBS-LRR family, named Rpp1-5 andRpp? (Hyuuga), which mediate resistance of soy to P. pachyrhizi, werediscovered by screening thousands of soybean varieties. As the R-genesare derived from a host (soybean), the resistance was lost rapidly, asP. pachyrhizi develops new virulent races. Therefore there is a strongneed to discover R-genes that are derived from non-hosts plants (e.g.Arabidopsis) as they are thought to be more durable.

In recent years, fungal diseases, e.g. soybean rust, has gained inimportance as pest in agricultural production. There was therefore ademand in the prior art for developing methods to control fungi and toprovide fungal resistant plants.

Much research has been performed on the field of powdery and downymildew infecting the epidermal layer of plants. However, the problem tocope with soybean rust which infects the mesophyll remains unsolved.

The object of the present invention is inter alia to provide a method ofincreasing resistance against fungal pathogens, preferably rustpathogens (i.e., fungal pathogens of the order Pucciniales), preferablyagainst fungal pathogens of the family Phakopsoraceae, more preferablyagainst fungal pathogens of the genus Phakopsora, most preferablyagainst Phakopsora pachyrhizi and Phakopsora meibomiae, also known assoybean rust.

Surprisingly, we found that fungal pathogens, in particular of thePhakopsoorder Pucciniales, for example soybean rust, can be controlledby increasing the expression of an HCP5 protein.

The present invention therefore provides a method of increasingresistance against fungal pathogens, preferably against rust pathogens(i.e., fungal pathogens of the order Pucciniales), preferably againstfungal pathogens of the family Phakopsoraceae, more preferably againstfungal pathogens of the genus Phakopsora, most preferably againstPhakopsora pachyrhizi and Phakopsora meibomiae, also known as soybeanrust, in transgenic plants, transgenic plant parts, or transgenic plantcells by overexpressing one or more HCP5 nucleic acids.

A further object is to provide transgenic plants resistant againstfungal pathogens, preferably rust pathogens (i.e., fungal pathogens ofthe order Pucciniales), preferably of the family Phakopsoraceae, morepreferably against fungal pathogens of the genus Phakopsora, mostpreferably against Phakopsora pachyrhizi and Phakopsora meibomiae, alsoknown as soybean rust, a method for producing such plants as well as avector construct useful for the above methods.

Therefore, the present invention also refers to a recombinant vectorconstruct and a transgenic plant, transgenic plant part, or transgenicplant cell comprising an exogenous HCP5 nucleic acid. Furthermore, amethod for the production of a transgenic plant, transgenic plant partor transgenic plant cell using the nucleic acid of the present inventionis claimed herein. In addition, the use of a nucleic acid or therecombinant vector of the present invention for the transformation of aplant, plant part, or plant cell is claimed herein.

The objects of the present invention, as outlined above, are achieved bythe subject-matter of the main claims. Preferred embodiments of theinvention are defined by the subject matter of the dependent claims.

BRIEF SUMMARY OF THE INVENTION

The object of the present invention is inter alia to provide a method ofincreasing resistance against fungal pathogens, preferably rustpathogens (i.e., fungal pathogens of the order Pucciniales), preferablyagainst fungal pathogens of the family Phakopsoraceae, more preferablyagainst fungal pathogens of the genus Phakopsora, most preferablyagainst Phakopsora pachyrhizi and Phakopsora meibomiae, also known assoybean rust.

Surprisingly, we found that resistance against fungal pathogens, inparticular of the Phakopsoorder Pucciniales, for example soybean rust,can be enhanced by increasing the expression of a HCP5 protein.

The present invention therefore provides a method of increasingresistance against fungal pathogens, preferably rust pathogens (i.e.,fungal pathogens of the order Pucciniales), preferably against fungalpathogens of the family Phakopsoraceae, more preferably against fungalpathogens of the genus Phakopsora, most preferably against Phakopsorapachyrhizi and Phakopsora meibomiae, also known as soybean rust, intransgenic plants, transgenic plant parts, or transgenic plant cells byoverexpressing one or more HCP5 nucleic acids.

A further object is to provide transgenic plants resistant againstfungal pathogens, preferably rust pathogens (i.e., fungal pathogens ofthe order Pucciniales), preferably of the family Phakopsoraceae, morepreferably against fungal pathogens of the genus Phakopsora, mostpreferably against Phakopsora pachyrhizi and Phakopsora meibomiae, alsoknown as soybean rust, a method for producing such plants as well as avector construct useful for the above methods.

Therefore, the present invention also refers to a recombinant vectorconstruct and a transgenic plant, transgenic plant part, or transgenicplant cell comprising an exogenous HCP5 nucleic acid. Furthermore, amethod for the production of a transgenic plant, transgenic plant partor transgenic plant cell using the nucleic acid of the present inventionis claimed herein. In addition, the use of a nucleic acid or therecombinant vector of the present invention for the transformation of aplant, plant part, or plant cell is claimed herein.

The objects of the present invention, as outlined above, are achieved bythe subject-matter of the main claims. Preferred embodiments of theinvention are defined by the subject matter of the dependent claims.

BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWINGS

FIG. 1 shows the scoring system used to determine the level of diseasedleaf area of wildtype and transgenic soy plants against the rust fungusP. pachyrhizi (as described in GODOY, C. V., KOGA, L. J. & CANTERI, M.G. Diagrammatic scale for assessment of soybean rust severity.Fitopatologia Brasileira 31:063-068. 2006).

FIG. 2 shows the schematic illustration of the plant transformationvector harboring the HCP5 nucleic acid under control of the parsleyubiquitine promoter.

FIG. 3 shows the full-length-sequence of the HCP5 gene from Arabidopsisthaliana having SEQ ID NO: 1.

FIG. 4 shows the sequence of a HCP5 cDNA (accession No NM_124099) havingSEQ ID NO: 2 as derived by bioinformatics from the genomic HCP5full-length sequence.

FIG. 5 shows the sequence of a HCP5 protein (SEQ ID NO: 3).

FIG. 6 shows the sequence of the genomic sequence (part of accession NoNC_003076.8) from Arabidopsis thaliana around the region which codes forHCP5 and having SEQ ID NO: 4.

FIG. 7 shows the alignment of the Arabidopsis genome sequence (part ofaccession No NC_003076.8, SEQ ID NO: 4), a HCP5 cDNA (derived bybioinformatics from the genomic sequence; accession No NM_124099, SEQ IDNO: 2), and the sequence of the HCP5 nucleic acid as shown in SEQ IDNO: 1. In FIG. 7 the genome sequence (SEQ ID NO: 4) is truncated at its3′ and 5′ end. The truncated genome sequence is shown in SEQ ID NO: 5.

FIG. 8 shows the result of the scoring of 50 transgenic soy plants(derived from 5 independent events, 10 plants per event) expressing theHCP5 overexpression vector construct. T₁ soybean plants expressing HCP5protein were inoculated with spores of Phakopsora pachyrhizi. Theevaluation of the diseased leaf area on all leaves was performed 14 daysafter inoculation. The average of the percentage of the leaf areashowing fungal colonies or strong yellowing/browning on all leaves wasconsidered as diseased leaf area. At all 50 soybean T₁ plants expressingHCP5 (expression checked by RT-PCR) were evaluated in parallel tonon-transgenic control plants. The average of the diseased leaf area isshown in FIG. 8. Overexpression of HCP5 significantly (*: p<0.05)reduces the diseased leaf area in comparison to non-transgenic controlplants by 25.1%.

FIG. 9 contains a brief description of the sequences of the sequencelisting.

DETAILED DESCRIPTION OF THE INVENTION

The present invention may be understood more readily by reference to thefollowing detailed description of the preferred embodiments of theinvention and the examples included herein.

Definitions

Unless otherwise noted, the terms used herein are to be understoodaccording to conventional usage by those of ordinary skill in therelevant art. In addition to the definitions of terms provided herein,definitions of common terms in molecular biology may also be found inRieger et al., 1991 Glossary of genetics: classical and molecular, 5thEd., Berlin: Springer-Verlag; and in Current Protocols in MolecularBiology, F. M. Ausubel et al., Eds.,

Current Protocols, a joint venture between Greene Publishing Associates,Inc. and John Wiley & Sons, Inc., (1998 Supplement).

It is to be understood that as used in the specification and in theclaims, “a” or “an” can mean one or more, depending upon the context inwhich it is used. Thus, for example, reference to “a cell” can mean thatat least one cell can be utilized. It is to be understood that theterminology used herein is for the purpose of describing specificembodiments only and is not intended to be limiting.

Throughout this application, various publications are referenced. Thedisclosures of all of these publications and those references citedwithin those publications in their entireties are hereby incorporated byreference into this application in order to more fully describe thestate of the art to which this invention pertains. Standard techniquesfor cloning, DNA isolation, amplification and purification, forenzymatic reactions involving DNA ligase, DNA polymerase, restrictionendonucleases and the like, and various separation techniques are thoseknown and commonly employed by those skilled in the art. A number ofstandard techniques are described in Sambrook et al., 1989 MolecularCloning, Second Edition, Cold Spring Harbor Laboratory, Plainview, N.Y.;Maniatis et al., 1982 Molecular Cloning, Cold Spring Harbor Laboratory,Plainview, N.Y.; Wu (Ed.) 1993 Meth. Enzymol. 218, Part I; Wu (Ed.) 1979Meth Enzymol. 68; Wu et al., (Eds.) 1983 Meth. Enzymol. 100 and 101;Grossman and Moldave (Eds.) 1980 Meth. Enzymol. 65; Miller (Ed.) 1972Experiments in Molecular Genetics, Cold Spring Harbor Laboratory, ColdSpring Harbor, N.Y.; Old and Primrose, 1981 Principles of GeneManipulation, University of California Press, Berkeley; Schleif andWensink, 1982 Practical Methods in Molecular Biology; Glover (Ed.) 1985DNA Cloning Vol. I and II, IRL Press, Oxford, UK; Hames and Higgins(Eds.) 1985 Nucleic Acid Hybridization, IRL Press, Oxford, UK; andSetlow and Hollaender 1979 Genetic Engineering: Principles and Methods,Vols. 1-4, Plenum Press, New York. Abbreviations and nomenclature, whereemployed, are deemed standard in the field and commonly used inprofessional journals such as those cited herein.

“Homologues” of a protein encompass peptides, oligopeptides,polypeptides, proteins and/or enzymes having amino acid substitutions,deletions and/or insertions relative to the unmodified protein inquestion and having similar functional activity as the unmodifiedprotein from which they are derived.

“Homologues” of a nucleic acid encompass nucleotides and/orpolynucleotides having nucleic acid substitutions, deletions and/orinsertions relative to the unmodified nucleic acid in question, whereinthe protein coded by such nucleic acids has similar or higher functionalactivity as the unmodified protein coded by the unmodified nucleic acidfrom which they are derived. In particular, homologues of a nucleic acidmay encompass substitutions on the basis of the degenerative amino acidcode.

A “deletion” refers to removal of one or more amino acids from a proteinor to the removal of one or more nucleic acids from DNA, ssRNA and/ordsRNA.

An “insertion” refers to one or more amino acid residues or nucleic acidresidues being introduced into a predetermined site in a protein or thenucleic acid.

A “substitution” refers to replacement of amino acids of the proteinwith other amino acids having similar properties (such as similarhydrophobicity, hydrophilicity, antigenicity, propensity to form orbreak α-helical structures or beta-sheet structures).

On the nucleic acid level a substitution refers to a replacement of oneor more nucleotides with other nucleotides in a nucleic acid, whereinthe protein coded by the modified nucleic acid has a similar function.In particular homologues of a nucleic acid encompass substitutions onthe basis of the degenerative amino acid code.

Amino acid substitutions are typically of single residues, but may beclustered depending upon functional constraints placed upon the proteinand may range from 1 to 10 amino acids; insertions or deletion willusually be of the order of about 1 to 10 amino acid residues. The aminoacid substitutions are preferably conservative amino acid substitutions.Conservative substitution tables are well known in the art (see forexample Creighton (1984) Proteins. W. H. Freeman and Company (Eds) andTable 1 below, or Taylor W. R. (1986) The classification of amino acidconservation J Theor Biol., 119:205-18).

TABLE 1 Examples of conserved amino acid substitutions ConservativeResidue Substitutions Ala Ser Arg Lys Asn Gln; His Asp Glu Gln Asn CysSer Glu Asp Gly Pro His Asn; Gln Ile Leu, Val Leu Ile; Val Lys Arg; GlnMet Leu; Ile Phe Met; Leu; Tyr Ser Thr; Gly Thr Ser; Val Trp Tyr TyrTrp; Phe Val Ile; Leu

Amino acid substitutions, deletions and/or insertions may readily bemade using peptide synthetic techniques well known in the art, such assolid phase peptide synthesis and the like, or by recombinant DNAmanipulation.

Methods for the manipulation of DNA sequences to produce substitution,insertion or deletion variants of a protein are well known in the art.For example, techniques for making substitution mutations atpredetermined sites in DNA are well known to those skilled in the artand include M13 mutagenesis, T7-Gene in vitro mutagenesis (USB,Cleveland, Ohio), QuickChange Site Directed mutagenesis (Stratagene, SanDiego, Calif.), PCR-mediated site-directed mutagenesis or othersite-directed mutagenesis protocols.

Orthologues and paralogues encompass evolutionary concepts used todescribe the ancestral relationships of genes. Paralogues are geneswithin the same species that have originated through duplication of anancestral gene; orthologues are genes from different organisms that haveoriginated through speciation, and are also derived from a commonancestral gene.

The terms “encode” or “coding for” is used for the capability of anucleic acid to contain the information for the amino acid sequence of aprotein via the genetic code, i.e., the succession of codons each beinga sequence of three nucleotides, which specify which amino acid will beadded next during protein synthesis. The terms “encode” or “coding for”therefore includes all possible reading frames of a nucleic acid.Furthermore, the terms “encode” or “coding for” also applies to anucleic acid, which coding sequence is interrupted by non-coding nucleicacid sequences, which are removed prior translation, e.g., a nucleicacid sequence comprising introns.

The term “domain” refers to a set of amino acids conserved at specificpositions along an alignment of sequences of evolutionarily relatedproteins. While amino acids at other positions can vary betweenhomologues, amino acids that are highly conserved at specific positionsindicate amino acids that are likely essential in the structure,stability or function of a protein.

Specialist databases exist for the identification of domains, forexample, SMART (Schultz et al. (1998) Proc. Natl. Acad. Sci. USA 95,5857-5864; Letunic et al. (2002) Nucleic Acids Res 30, 242-244),InterPro (Mulder et al., (2003) Nucl. Acids. Res. 31, 315-318), Prosite(Bucher and Bairoch (1994), A generalized profile syntax forbiomolecular sequences motifs and its function in automatic sequenceinterpretation. (In) ISMB-94; Proceedings 2nd International Conferenceon Intelligent Systems for Molecular Biology. Altman R., Brutlag D.,Karp P., Lathrop R., Searls D., Eds., pp 53-61, AAAI Press, Menlo Park;Hulo et al., Nucl. Acids. Res. 32:D134-D137, (2004)), or Pfam (Batemanet al., Nucleic Acids Research 30 (1): 276-280 (2002)). A set of toolsfor in silico analysis of protein sequences is available on the ExPASyproteomics server (Swiss Institute of Bioinformatics (Gasteiger et al.,ExPASy: the proteomics server for in-depth protein knowledge andanalysis, Nucleic Acids Res. 31:3784-3788(2003)). Domains or motifs mayalso be identified using routine techniques, such as by sequencealignment.

Methods for the alignment of sequences for comparison are well known inthe art, such methods include GAP, BESTFIT, BLAST, FASTA and TFASTA. GAPuses the algorithm of Needleman and Wunsch ((1970) J Mol Biol 48:443-453) to find the global (i.e. spanning the complete sequences)alignment of two sequences that maximizes the number of matches andminimizes the number of gaps. The BLAST algorithm (Altschul et al.(1990) J Mol Biol 215: 403-10) calculates percent sequence identity orsimilarity or homology and performs a statistical analysis of theidentity or similarity or homology between the two sequences. Thesoftware for performing BLAST analysis is publicly available through theNational Centre for Biotechnology Information (NCBI). Homologues mayreadily be identified using, for example, the ClustalW multiple sequencealignment algorithm (version 1.83), with the default pairwise alignmentparameters, and a scoring method in percentage. Global percentages ofsimilarity/homology/identity may also be determined using one of themethods available in the MatGAT software package (Campanella et al., BMCBioinformatics. 2003 Jul. 10; 4:29. MatGAT: an application thatgenerates similarity/homology/identity matrices using protein or DNAsequences.). Minor manual editing may be performed to optimise alignmentbetween conserved motifs, as would be apparent to a person skilled inthe art. Furthermore, instead of using full-length sequences for theidentification of homologues, specific domains may also be used. Thesequence identity values may be determined over the entire nucleic acidor amino acid sequence or over selected domains or conserved motif(s),using the programs mentioned above using the default parameters. Forlocal alignments, the Smith-Waterman algorithm is particularly useful(Smith T F, Waterman M S (1981) J. Mol. Biol 147 (1); 195-7).

As used herein the terms “fungal-resistance”, “resistant to a fungus”and/or “fungal-resistant” mean reducing, preventing, or delaying aninfection by fungi. The term “resistance” refers to fungal resistance.Resistance does not imply that the plant necessarily has 100% resistanceto infection. In preferred embodiments, enhancing or increasing fungalresistance means that resistance in a resistant plant is greater than10%, greater than 20%, greater than 30%, greater than 40%, greater than50%, greater than 60%, greater than 70%, greater than 80%, greater than90%, or greater than 95% in comparison to a wild type plant.

As used herein the terms “soybean rust-resistance”, “resistant to asoybean rust”, “soybean rust-resistant”, “rust-resistance”, “resistantto a rust”, or “rust-resistant” mean reducing or preventing or delayingan infection of a plant, plant part, or plant cell by Phakopsoraceae, inparticular Phakopsora pachyrhizi and Phakopsora meibomiae 13 also knownas soybean rust or Asian Soybean Rust (ASR), as compared to a wild typeplant, wild type plant part, or wild type plant cell. Resistance doesnot imply that the plant necessarily has 100% resistance to infection.In preferred embodiments, enhancing or increasing rust resistance meansthat rust resistance in a resistant plant is greater than 10%, greaterthan 20%, greater than 30%, greater than 40%, greater than 50%, greaterthan 60%, greater than 70%, greater than 80%, greater than 90%, orgreater than 95% in comparison to a wild type plant that is notresistant to soybean rust. Preferably the wild type plant is a plant ofa similar, more preferably identical, genotype as the plant havingincreased resistance to the soybean rust, but does not comprise anexogenous HCP5 nucleic acid, functional fragments thereof and/or anexogenous nucleic acid capable of hybridizing with an HCP5 nucleic acid.

The level of fungal resistance of a plant can be determined in variousways, e.g. by scoring/measuring the infected leaf area in relation tothe overall leaf area. Another possibility to determine the level ofresistance is to count the number of soybean rust colonies on the plantor to measure the amount of spores produced by these colonies. Anotherway to resolve the degree of fungal infestation is to specificallymeasure the amount of rust DNA by quantitative (q) PCR. Specific probesand primer sequences for most fungal pathogens are available in theliterature (Frederick R D, Snyder C L, Peterson G L, et al. 2002Polymerase chain reaction assays for the detection and discrimination ofthe rust pathogens Phakopsora pachyrhizi and P. meibomiae,Phytopathology 92 (2) 217-227).

The term “hybridization” as used herein includes “any process by which astrand of nucleic acid molecule joins with a complementary strandthrough base pairing” (J. Coombs (1994) Dictionary of Biotechnology,Stockton Press, New York). Hybridization and the strength ofhybridization (i.e., the strength of the association between the nucleicacid molecules) is impacted by such factors as the degree ofcomplementarity between the nucleic acid molecules, stringency of theconditions involved, the Tm of the formed hybrid, and the G:C ratiowithin the nucleic acid molecules.

As used herein, the term “Tm” is used in reference to the “meltingtemperature.” The melting temperature is the temperature at which apopulation of double-stranded nucleic acid molecules becomes halfdissociated into single strands. The equation for calculating the Tm ofnucleic acid molecules is well known in the art. As indicated bystandard references, a simple estimate of the Tm value may be calculatedby the equation: Tm=81.5+0.41(% G+C), when a nucleic acid molecule is inaqueous solution at 1 M NaCl (see e.g., Anderson and Young, QuantitativeFilter Hybridization, in Nucleic Acid Hybridization (1985). Otherreferences include more sophisticated computations, which takestructural as well as sequence characteristics into account for thecalculation of Tm. Stringent conditions, are known to those skilled inthe art and can be found in Current Protocols in Molecular Biology, JohnWiley & Sons, N.Y. (1989), 6.3.1-6.3.6.

In particular, the term “stringency conditions” refers to conditions,wherein 100 contigous nucleotides or more, 150 contigous nucleotides ormore, 200 contigous nucleotides or more or 250 contigous nucleotides ormore which are a fragment or identical to the complementary nucleic acidmolecule (DNA, RNA, ssDNA or ssRNA) hybridizes under conditionsequivalent to hybridization in 7% sodium dodecyl sulfate (SDS), 0.5 MNaPO4, 1 mM EDTA at 50° C. with washing in 2×SSC, 0.1% SDS at 50° C. or65° C., preferably at 65° C., with a specific nucleic acid molecule(DNA; RNA, ssDNA or ss RNA). Preferably, the hybridizing conditions areequivalent to hybridization in 7% sodium dodecyl sulfate (SDS), 0.5 MNaPO4, 1 mM EDTA at 50° C. with washing in 1×SSC, 0.1% SDS at 50° C. or65° C., preferably 65° C., more preferably the hybridizing conditionsare equivalent to hybridization in 7% sodium dodecyl sulfate (SDS), 0.5M NaPO4, 1 mM EDTA at 50° C. with washing in 0, 1×SSC, 0.1% SDS at 50°C. or 65° C., preferably 65° C. Preferably, the complementarynucleotides hybridize with a fragment or the whole HCPS nucleic acids.Alternatively, preferred hybridization conditions encompasshybridisation at 65° C. in 1×SSC or at 42° C. in 1×SSC and 50%formamide, followed by washing at 65° C. in 0.3×SSC or hybridisation at50° C. in 4×SSC or at 40° C. in 6×SSC and 50% formamide, followed bywashing at 50° C. in 2×SSC. Further preferred hybridization conditionsare 0.1% SDS, 0.1 SSD and 65° C.

“Identity” or “homology” or “similarity” between two nucleic acidssequences or amino acid sequences refers in each case over the entirelength of the HCPS nucleic acid sequences or HCPS amino acid sequences.The terms “identity”, “homology” and “similarity” are used hereininterchangeably.

Preferably, “percentage of sequence identity” is calculated by comparingtwo optimally aligned sequences over a particular region, determiningthe number of positions at which the identical base or amino acid occursin both sequences in order to yield the number of matched positions,dividing the number of such positions by the total number of positionsin the region being compared and multiplying the result by 100.

For example the identity may be calculated by means of the Vector NTISuite 7.1 program of the company Informax (USA) employing the ClustalMethod (Higgins D G, Sharp P M. Fast and sensitive multiple sequencealignments on a microcomputer. Comput Appl. Biosci. 1989 April; 5(2):151-1) with the following settings:

Multiple Alignment Parameter:

Gap opening penalty 10 Gap extension penalty 10 Gap separation penaltyrange  8 Gap separation penalty off % identity for alignment delay 40Residue specific gaps off Hydrophilic residue gap off Transitionweighing  0

Pairwise Alignment Parameter:

FAST algorithm on K-tuple size 1 Gap penalty 3 Window size 5 Number ofbest diagonals 5

Alternatively the identity may be determined according to Chenna, Ramu,Sugawara, Hideaki, Koike, Tadashi, Lopez, Rodrigo, Gibson, Toby J,Higgins, Desmond G, Thompson, Julie D. Multiple sequence alignment withthe Clustal series of programs. (2003) Nucleic Acids Res 31(13):3497-500, the web page:http://www.ebi.ac.uk/Tools/clustalw/index.html# and the followingsettings

DNA Gap Open Penalty 15.0 DNA Gap Extension Penalty 6.66 DNA MatrixIdentity Protein Gap Open Penalty 10.0 Protein Gap Extension Penalty 0.2Protein matrix Gonnet Protein/DNA ENDGAP −1 Protein/DNA GAPDIST 4

All the nucleic acid sequences mentioned herein (single-stranded anddouble-stranded DNA and RNA sequences, for example cDNA and mRNA) can beproduced in a known way by chemical synthesis from the nucleotidebuilding blocks, e.g. by fragment condensation of individualoverlapping, complementary nucleic acid building blocks of the doublehelix. Chemical synthesis of oligonucleotides can, for example, beperformed in a known way, by the phosphoamidite method (Voet, Voet, 2ndedition, Wiley Press, New York, pages 896-897). The accumulation ofsynthetic oligonucleotides and filling of gaps by means of the Klenowfragment of DNA polymerase and ligation reactions as well as generalcloning techniques are described in Sambrook et al. (1989), see below.

Sequence identity between the nucleic acid or protein useful accordingto the present invention and the HCP5 nucleic acids or HCP5 proteins maybe optimized by sequence comparison and alignment algorithms known inthe art (see Gribskov and Devereux, Sequence Analysis Primer, StocktonPress, 1991, and references cited therein) and calculating the percentdifference between the nucleotide or protein sequences by, for example,the Smith-Waterman algorithm as implemented in the BESTFIT softwareprogram using default parameters (e.g., University of Wisconsin GeneticComputing Group).

The term “plant” is intended to encompass plants at any stage ofmaturity or development, as well as any tissues or organs (plant parts)taken or derived from any such plant unless otherwise clearly indicatedby context. Plant parts include, but are not limited to, plant cells,stems, roots, flowers, ovules, stamens, seeds, leaves, embryos,meristematic regions, callus tissue, anther cultures, gametophytes,sporophytes, pollen, microspores, protoplasts, hairy root cultures,and/or the like. The present invention also includes seeds produced bythe plants of the present invention. Preferably, the seeds comprise theexogenous HCP5 nucleic acids. In one embodiment, the seeds can developinto plants with increased resistance to fungal infection as compared toa wild-type variety of the plant seed. As used herein, a “plant cell”includes, but is not limited to, a protoplast, gamete producing cell,and a cell that regenerates into a whole plant. Tissue culture ofvarious tissues of plants and regeneration of plants therefrom is wellknown in the art and is widely published.

Reference herein to an “endogenous” nucleic acid and/or protein refersto the nucleic acid and/or protein in question as found in a plant inits natural form (i.e., without there being any human intervention).

The term “exogenous” nucleic acid refers to a nucleic acid that has beenintroduced in a plant by means of genetechnology. An “exogenous” nucleicacid can either not occur in a plant in its natural form, be differentfrom the nucleic acid in question as found in a plant in its naturalform, or can be identical to a nucleic acid found in a plant in itsnatural form, but integrated not within their natural geneticenvironment. The corresponding meaning of “exogenous” is applied in thecontext of protein expression. For example, a transgenic plantcontaining a transgene, i.e., an exogenous nucleic acid, may, whencompared to the expression of the endogenous gene, encounter asubstantial increase of the expression of the respective gene or proteinin total. A transgenic plant according to the present invention includesan exogenous HCP5 nucleic acid integrated at any genetic loci andoptionally the plant may also include the endogenous gene within thenatural genetic background.

For the purposes of the invention, “recombinant” means with regard to,for example, a nucleic acid sequence, a nucleic acid molecule, anexpression cassette or a vector construct comprising any one or moreHCP5 nucleic acids, all those constructions brought about by man bygenetechnological methods in which either

(a) the sequences of the HCP5 nucleic acids or a part thereof, or(b) genetic control sequence(s) which is operably linked with the HCP5nucleic acid sequence according to the invention, for example apromoter, or(c) a) and b)are not located in their natural genetic environment or have beenmodified by man by genetechnological methods. The modification may takethe form of, for example, a substitution, addition, deletion, inversionor insertion of one or more nucleotide residues. The natural geneticenvironment is understood as meaning the natural genomic or chromosomallocus in the original plant or the presence in a genomic library or thecombination with the natural promoter.

A recombinant nucleic acid, expression cassette or vector constructpreferably comprises a natural gene and a natural promoter, a naturalgene and a non-natural promoter, a non-natural gene and a naturalpromoter, or a non-natural gene and a non-natural promoter.

In the case of a genomic library, the natural genetic environment of thenucleic acid sequence is preferably retained, at least in part. Theenvironment flanks the nucleic acid sequence at least on one side andhas a sequence length of at least 50 bp, preferably at least 500 bp,especially preferably at least 1000 bp, most preferably at least 5000bp.

A naturally occurring expression cassette—for example the naturallyoccurring combination of the natural promoter of the nucleic acidsequences with the corresponding nucleic acid sequence encoding aprotein useful in the methods of the present invention, as definedabove—becomes a recombinant expression cassette when this expressioncassette is modified by man by non-natural, synthetic (“artificial”)methods such as, for example, mutagenic treatment. Suitable methods aredescribed, for example, in U.S. Pat. No. 5,565,350, WO 00/15815 orUS200405323. Furthermore, a naturally occurring expression cassette—forexample the naturally occurring combination of the natural promoter ofthe nucleic acid sequences with the corresponding nucleic acid sequenceencoding a protein useful in the methods of the present invention, asdefined above—becomes a recombinant expression cassette when thisexpression cassette is not integrated in the natural genetic environmentbut in a different genetic environment.

The term “isolated nucleic acid” or “isolated protein” refers to anucleic acid or protein that is not located in its natural environment,in particular its natural cellular environment. Thus, an isolatednucleic acid or isolated protein is essentially separated from othercomponents of its natural environment. However, the skilled person inthe art is aware that preparations of an isolated nucleic acid or anisolated protein can display a certain degree of impurity depending onthe isolation procedure used. Methods for purifying nucleic acids andproteins are well known in the art. The isolated gene may be isolatedfrom an organism or may be manmade, for example by chemical synthesis.In this regard, a recombinant nucleic acid may also be in an isolatedform.

As used herein, the term “transgenic” refers to an organism, e.g., aplant, plant cell, callus, plant tissue, or plant part that exogenouslycontains the nucleic acid, recombinant construct, vector or expressioncassette described herein or a part thereof which is preferablyintroduced by non-essentially biological processes, preferably byAgrobacteria transformation. The recombinant construct or a part thereofis stably integrated into a chromosome, so that it is passed on tosuccessive generations by clonal propagation, vegetative propagation orsexual propagation. Preferred successive generations are transgenic too.Essentially biological processes may be crossing of plants and/ornatural recombination.

A transgenic plant, plants cell or tissue for the purposes of theinvention is thus understood as meaning that an exogenous HCP5 nucleicacid, recombinant construct, vector or expression cassette including oneor more HCP5 nucleic acids is integrated into the genome by means ofgenetechnology.

Preferably, constructs or vectors or expression cassettes are notpresent in the genome of the original plant or are present in the genomeof the transgenic plant not at their natural locus of the genome of theoriginal plant.

A “wild type” plant, “wild type” plant part, or “wild type” plant cellmeans that said plant, plant part, or plant cell does not expressexogenous HCP5 nucleic acid or exogenous HCP5 protein.

Natural locus means the location on a specific chromosome, preferablythe location between certain genes, more preferably the same sequencebackground as in the original plant which is transformed.

Preferably, the transgenic plant, plant cell or tissue thereof expressesthe HCP5 nucleic acids, HCP5 constructs or HCP5 expression cassettesdescribed herein.

The term “expression” or “gene expression” means the transcription of aspecific gene or specific genes or specific genetic vector construct.The term “expression” or “gene expression” in particular means thetranscription of a gene or genes or genetic vector construct intostructural RNA (rRNA, tRNA), or mRNA with or without subsequenttranslation of the latter into a protein. The process includestranscription of DNA and processing of the resulting RNA product. Theterm “expression” or “gene expression” can also include the translationof the mRNA and therewith the synthesis of the encoded protein, i.e.,protein expression.

The term “increased expression” or “enhanced expression” or“overexpression” or “increase of content” as used herein means any formof expression that is additional to the original wild-type expressionlevel. For the purposes of this invention, the original wild-typeexpression level might also be zero (absence of expression).

Methods for increasing expression of genes or gene products are welldocumented in the art and include, for example, overexpression driven byappropriate promoters, the use of transcription enhancers or translationenhancers. Isolated nucleic acids which serve as promoter or enhancerelements may be introduced in an appropriate position (typicallyupstream) of a non-heterologous form of a polynucleotide so as toupregulate expression of a nucleic acid encoding the protein ofinterest. For example, endogenous promoters may be altered in vivo bymutation, deletion, and/or substitution (see, Kmiec, U.S. Pat. No.5,565,350; Zarling et al., WO9322443), or isolated promoters may beintroduced into a plant cell in the proper orientation and distance froma gene of the present invention so as to control the expression of thegene.

If protein expression is desired, it is generally desirable to include apolyadenylation region at the 3′-end of a polynucleotide coding region.The polyadenylation region can be derived from the natural gene, from avariety of other plant genes, or from T-DNA. The 3′ end sequence to beadded may be derived from, for example, the nopaline synthase oroctopine synthase genes, or alternatively from another plant gene, orless preferably from any other eukaryotic gene.

An intron sequence may also be added to the 5′ untranslated region (UTR)and/or the coding sequence of the partial coding sequence to increasethe amount of the mature message that accumulates in the cytosol.Inclusion of a spliceable intron in the transcription unit in both plantand animal expression constructs has been shown to increase geneexpression at both the mRNA and protein levels up to 1000-fold (Buchmanand Berg (1988) Mol. Cell biol. 8: 4395-4405; Callis et al. (1987) GenesDev 1:1183-1200). Such intron enhancement of gene expression istypically greatest when placed near the 5′ end of the transcriptionunit. Use of the maize introns Adh1-S intron 1, 2, and 6, the Bronze-1intron are known in the art. For general information see: The MaizeHandbook, Chapter 116, Freeling and Walbot, Eds., Springer, N.Y. (1994).

The term “functional fragment” refers to any nucleic acid or proteinwhich comprises merely a part of the fulllength nucleic acid orfulllength protein, respectively, but still provides the same function,e.g., fungal resistance, when expressed or repressed in a plant,respectively. Preferably, the fragment comprises at least 50%, at least60%, at least 70%, at least 80%, at least 90% at least 95%, at least98%, at least 99% of the original sequence. Preferably, the functionalfragment comprises contiguous nucleic acids or amino acids as in theoriginal nucleic acid or original protein, respectively. In oneembodiment the fragment of any of the HCPS nucleic acids has an identityas defined above over a length of at least 20%, at least 30%, at least50%, at least 75%, at least 90% of the nucleotides of the respectiveHCPS nucleic acid.

The term “splice variant” as used herein encompasses variants of anucleic acid sequence in which selected introns and/or exons or partsthereof have been excised, replaced, displaced or added, or in whichintrons have been shortened or lengthened. Thus, a splice variant canhave one or more or even all introns removed or added or partiallyremoved or partially added. According to this definition, a cDNA isconsidered as a splice variant of the respective intron-containinggenomic sequence and vice versa. Such splice variants may be found innature or may be manmade. Methods for predicting and isolating suchsplice variants are well known in the art (see for example Foissac andSchiex (2005) BMC Bioinformatics 6: 25).

In cases where overexpression of nucleic acid is desired, the term“similar functional activity” or “similar function” means that anyhomologue and/or fragment provide fungal resistance when expressed in aplant. Preferably similar functional activity means at least 50%, atleast 60%, at least 70%, at least 80%, at least 90%, at least 95%, atleast 98%, at least 99% or 100% or higher fungal resistance comparedwith functional activity provided by the exogenous expression of theHCP5 nucleotide sequence as defined by SEQ ID NO: 1 or the HCP5 proteinsequence as defined by SEQ ID NO: 3.

The term “increased activity” or “enhanced activity” as used hereinmeans any protein having increased activity and which provides anincreased fungal resistance compared with the wildtype plant merelyexpressing the respective endogenous HCP5 nucleic acid. As far asoverexpression is concerned, for the purposes of this invention, theoriginal wild-type expression level might also be zero (absence ofexpression).

With respect to a vector construct and/or the recombinant nucleic acidmolecules, the term “operatively linked” is intended to mean that thenucleic acid to be expressed is linked to the regulatory sequence,including promoters, terminators, enhancers and/or other expressioncontrol elements (e.g., polyadenylation signals), in a manner whichallows for expression of the nucleic acid (e.g., in a host plant cellwhen the vector is introduced into the host plant cell). Such regulatorysequences are described, for example, in Goeddel, Gene ExpressionTechnology: Methods in Enzymology 185, Academic Press, San Diego, Calif.(1990) and Gruber and Crosby, in: Methods in Plant Molecular Biology andBiotechnology, Eds. Glick and Thompson, Chapter 7, 89-108, CRC Press:Boca Raton, Fla., including the references therein. Regulatory sequencesinclude those that direct constitutive expression of a nucleotidesequence in many types of host cells and those that direct expression ofthe nucleotide sequence only in certain host cells or under certainconditions. It will be appreciated by those skilled in the art that thedesign of the vector can depend on such factors as the choice of thehost cell to be transformed, the level of expression of nucleic aciddesired, and the like.

The term “introduction” or “transformation” as referred to hereinencompass the transfer of an exogenous polynucleotide into a host cell,irrespective of the method used for transfer. Plant tissue capable ofsubsequent clonal propagation, whether by organogenesis orembryogenesis, may be transformed with a vector construct of the presentinvention and a whole plant regenerated there from. The particulartissue chosen will vary depending on the clonal propagation systemsavailable for, and best suited to, the particular species beingtransformed. Exemplary tissue targets include leaf disks, pollen,embryos, cotyledons, hypocotyls, megagametophytes, callus tissue,existing meristematic tissue (e.g., apical meristem, axillary buds, androot meristems), and induced meristem tissue (e.g., cotyledon meristemand hypocotyl meristem). The polynucleotide may be transiently or stablyintroduced into a host cell and may be maintained non-integrated, forexample, as a plasmid. Alternatively, it may be integrated into the hostgenome. The host genome includes the nucleic acid contained in thenucleus as well as the nucleic acid contained in the plastids, e.g.,chloroplasts, and/or mitochondria. The resulting transformed plant cellmay then be used to regenerate a transformed plant in a manner known topersons skilled in the art.

The term “terminator” encompasses a control sequence which is a DNAsequence at the end of a transcriptional unit which signals 3′processing and polyadenylation of a primary transcript and terminationof transcription. The terminator can be derived from the natural gene,from a variety of other plant genes, or from T-DNA. The terminator to beadded may be derived from, for example, the nopaline synthase oroctopine synthase genes, or alternatively from another plant gene, orless preferably from any other eukaryotic gene.

DETAILED DESCRIPTION

HCP5 Nucleic Acids

The HCP5 nucleic acid to be overexpressed in order to achieve increasedresistance to fungal pathogens, e.g., of the family Phakopsoraceae, forexample soybean rust, is preferably a nucleic acid coding for an HCP5protein, and is preferably as defined by SEQ ID NO: 10, 1, 2, 4, 13-19,20, 22, 24, 26, 28, 30, 32, or 34, or a fragment, homolog, derivative,orthologue or paralogue thereof, or a splice variant thereof.Preferably, the nucleic acid coding for an HCP5 protein of the presentinvention has at least 60% identity, preferably at least 70% sequenceidentity, at least 80%, at least 90%, at least 95%, at least 98%, atleast 99% sequence identity, or even 100% sequence identity with SEQ IDNO: 10, 1, 2, 4, 13-19, 20, 22, 24, 26, 28, 30, 32, or 34, or is afunctional fragment thereof, or a splice variant thereof. Most preferredis at least 95% identity, more preferred is at least 90% identity, atleast 98% or at least 99% identity with SEQ ID NO: 10, 1, 2, 4, 13-19,20, 22, 24, 26, 28, 30, 32, or 34.

Preferably, the HCP5 nucleic acid to be overexpressed in order toachieve increased resistance to fungal pathogens, e.g., of the familyPhakopsoraceae, for example soybean rust, is preferably a nucleic acidcoding for an HCP5 protein, and is preferably as defined by SEQ ID NO:4, or a fragment, homolog, derivative, orthologue or paralogue thereof,or a splice variant thereof. Preferably, the nucleic acid coding for anHCP5 protein of the present invention has at least 60% identity,preferably at least 70% sequence identity, at least 80%, at least 90%,at least 95%, at least 98%, at least 99% sequence identity, or even 100%sequence identity with SEQ ID NO: 4 or is a functional fragment thereof,or a splice variant thereof. Most preferred is at least 90% identity, atleast 95% identity, more preferred is at least 98% or at least 99%identity with SEQ ID NO: 4.

More preferably, the HCP5 nucleic acid to be overexpressed in order toachieve increased resistance to fungal pathogens, e.g., of the familyPhakopsoraceae, for example soybean rust, is preferably a nucleic acidcoding for an HCP5 protein, and is preferably as defined by SEQ ID NO:1, or a fragment, homolog, derivative, orthologue or paralogue thereof,or a splice variant thereof. Preferably, the nucleic acid coding for anHCP5 protein of the present invention has at least 60% identity,preferably at least 70% sequence identity, at least 80%, at least 90%,at least 95%, at least 98%, at least 99% sequence identity, or even 100%sequence identity with SEQ ID NO: 1 or is a functional fragment thereof,or a splice variant thereof. Most preferred is at least 95% identity,more preferred is at least 98% or at least 99% identity with SEQ ID NO:1.

More preferably, the HCP5 nucleic acid to be overexpressed in order toachieve increased resistance to fungal pathogens, e.g., of the familyPhakopsoraceae, for example soybean rust, is preferably a nucleic acidcoding for an HCP5 protein, and is preferably as defined by SEQ ID NO:10, or a fragment, homolog, derivative, orthologue or paralogue thereof,or a splice variant thereof. Preferably, the nucleic acid coding for anHCP5 protein of the present invention has at least 60% identity,preferably at least 70% sequence identity, at least 80%, at least 90%,at least 95%, at least 98%, at least 99% sequence identity, or even 100%sequence identity with SEQ ID NO: 10 or is a functional fragmentthereof, or a splice variant thereof. Most preferred is at least 95%identity, more preferred is at least 98% or at least 99% identity withSEQ ID NO: 10.

More preferably, the HCP5 nucleic acid to be overexpressed in order toachieve increased resistance to fungal pathogens, e.g., of the familyPhakopsoraceae, for example soybean rust, is preferably a nucleic acidcoding for an HCP5 protein, and is preferably as defined by SEQ ID NO:5, or a fragment, homolog, derivative, orthologue or paralogue thereof,or a splice variant thereof. Preferably, the nucleic acid coding for anHCP5 protein of the present invention has at least 60% identity,preferably at least 70% sequence identity, at least 80%, at least 90%,at least 95%, at least 98%, at least 99% sequence identity, or even 100%sequence identity with SEQ ID NO: 5 or is a functional fragment thereof,or a splice variant thereof. Most preferred is at least 95% identity,more preferred is at least 98% or at least 99% identity with SEQ ID NO:5.

SEQ ID NO: 10 corresponds to SEQ ID NO: 1, wherein in SEQ ID NO: 10certain recognition sites for restriction endonucleases have beenremoved.

Preferably the HCP5 nucleic acid is an isolated nucleic acid moleculeconsisting of or comprising a nucleic acid selected from the groupconsisting of:

-   (i) a nucleic acid having in increasing order of preference at least    60%, at least 61%, at least 62%, at least 63%, at least 64%, at    least 65%, at least 66%, at least 67%, at least 68%, at least 69%,    at least 70%, at least 71%, at least 72%, at least 73%, at least    74%, at least 75%, at least 76%, at least 77%, at least 78%, at    least 79%, at least 80%, at least 81%, at least 82%, at least 83%,    at least 84%, at least 85%, at least 86%, at least 87%, at least    88%, at least 89%, at least 90%, at least 91%, at least 92%, at    least 93%, at least 94%, at least 95%, at least 96%, at least 97%,    at least 98%, at least 99% or 100% sequence identity to the nucleic    acid sequence represented by SEQ ID NO: 11, 10, 1, 2, 4, 5, 13-19,    20, 22, 24, 26, 28, 30, 32, or 34, or a functional fragment,    derivative, orthologue, or paralogue thereof, or a splice variant    thereof;-   (ii) a nucleic acid encoding a HCP5 protein comprising an amino acid    sequence having in increasing order of preference at least 60%, at    least 61%, at least 62%, at least 63%, at least 64%, at least 65%,    at least 66%, at least 67%, at least 68%, at least 69%, at least    70%, at least 71%, at least 72%, at least 73%, at least 74%, at    least 75%, at least 76%, at least 77%, at least 78%, at least 79%,    at least 80%, at least 81%, at least 82%, at least 83%, at least    84%, at least 85%, at least 86%, at least 87%, at least 88%, at    least 89%, at least 90%, at least 91%, at least 92%, at least 93%,    at least 94%, at least 95%, at least 96%, at least 97%, at least    98%, at least 99% or 100% sequence identity to the amino acid    sequence represented by SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31,    33, or 35, or a functional fragment, derivative, orthologue, or    paralogue thereof; preferably the HCP5 protein has essentially the    same biological activity as an HCP5 protein encoded by SEQ ID NO:    11, 10, 1, 2, 4, 5, 13-19, 20, 22, 24, 26, 28, 30, 32, or 34;    preferably the HCP5 protein confers enhanced fungal resistance    relative to control plants;-   (iii) a nucleic acid molecule which hybridizes with a complementary    sequence of anyone of the nucleic acids of (i) or (ii) under high    stringency hybridization conditions;

preferably encoding a HCP5 protein; preferably wherein the nucleic acidmolecule codes for a polypeptide which has essentially identicalproperties to the polypeptide described in SEQ ID NO: 12, 3, 21, 23, 25,27, 29, 31, 33, or 35; preferably the encoded protein confers enhancedfungal resistance relative to control plants; and

-   (iv) a nucleic acid encoding the same HCP5 protein as the HCP5    nucleic acids of (i) to (iii) above, but differing from the HCP5    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code.

Preferably, the nucleic acid coding for an HCP5 protein of the presentinvention has at least 60% identity, preferably at least 70% sequenceidentity, at least 80%, at least 90%, at least 95%, at least 98%, atleast 99% sequence identity, or even 100% sequence identity with SEQ IDNO: 1. Most preferred is at least 95% identity, more preferred is atleast 98% or at least 99% identity with SEQ ID NO: 1.

Preferably, the nucleic acid coding for an HCP5 protein of the presentinvention has at least 60% identity, preferably at least 70% sequenceidentity, at least 80%, at least 90%, at least 95%, at least 98%, atleast 99% sequence identity, or even 100% sequence identity with

SEQ ID NO: 2. Most preferred is at least 95% identity, more preferred isat least 98% or at least 99% identity with SEQ ID NO: 2.

Preferably, the nucleic acid coding for an HCP5 protein of the presentinvention has at least 60% identity, preferably at least 70% sequenceidentity, at least 80%, at least 90%, at least 95%, at least 98%, atleast 99% sequence identity, or even 100% sequence identity with SEQ IDNO: 10. Most preferred is at least 95% identity, more preferred is atleast 98% or at least 99% identity with SEQ ID NO: 10.

Preferably the HCP5 nucleic acid is an isolated nucleic acid moleculeconsisting of or comprising a nucleic acid selected from the groupconsisting of:

-   (i) a nucleic acid having in increasing order of preference at least    60%, at least 61%, at least 62%, at least 63%, at least 64%, at    least 65%, at least 66%, at least 67%, at least 68%, at least 69%,    at least 70%, at least 71%, at least 72%, at least 73%, at least    74%, at least 75%, at least 76%, at least 77%, at least 78%, at    least 79%, at least 80%, at least 81%, at least 82%, at least 83%,    at least 84%, at least 85%, at least 86%, at least 87%, at least    88%, at least 89%, at least 90%, at least 91%, at least 92%, at    least 93%, at least 94%, at least 95%, at least 96%, at least 97%,    at least 98%, at least 99% or 100% sequence identity to the nucleic    acid sequence represented by SEQ ID NO: 1, or a functional fragment,    derivative, orthologue, or paralogue thereof, or a splice variant    thereof;-   (ii) a nucleic acid encoding a HCP5 protein having in increasing    order of preference at least 60%, at least 61%, at least 62%, at    least 63%, at least 64%, at least 65%, at least 66%, at least 67%,    at least 68%, at least 69%, at least 70%, at least 71%, at least    72%, at least 73%, at least 74%, at least 75%, at least 76%, at    least 77%, at least 78%, at least 79%, at least 80%, at least 81%,    at least 82%, at least 83%, at least 84%, at least 85%, at least    86%, at least 87%, at least 88%, at least 89%, at least 90%, at    least 91%, at least 92%, at least 93%, at least 94%, at least 95%,    at least 96%, at least 97%, at least 98%, at least 99% or 100%    sequence identity to the amino acid sequence represented by SEQ ID    NO: 3, or a functional fragment, derivative, orthologue, or    paralogue thereof; preferably the HCP5 protein has essentially the    same biological activity as an HCP5 protein encoded by SEQ ID NO: 1,    preferably the HCP5 protein confers enhanced fungal resistance    relative to control plants;-   (iii) a nucleic acid molecule which hybridizes with a complementary    sequence of anyone of the nucleic acids of (i) or (ii) under high    stringency hybridization conditions; preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and-   (iv) a nucleic acid encoding the same HCP5 protein as the HCP5    nucleic acids of (i) to (iii) above, but differing from the HCP5    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code.

Preferably the HCP5 nucleic acid is an isolated nucleic acid moleculeconsisting of or comprising a nucleic acid selected from the groupconsisting of:

-   (i) a nucleic acid having in increasing order of preference at least    60%, at least 61%, at least 62%, at least 63%, at least 64%, at    least 65%, at least 66%, at least 67%, at least 68%, at least 69%,    at least 70%, at least 71%, at least 72%, at least 73%, at least    74%, at least 75%, at least 76%, at least 77%, at least 78%, at    least 79%, at least 80%, at least 81%, at least 82%, at least 83%,    at least 84%, at least 85%, at least 86%, at least 87%, at least    88%, at least 89%, at least 90%, at least 91%, at least 92%, at    least 93%, at least 94%, at least 95%, at least 96%, at least 97%,    at least 98%, at least 99% or 100% sequence identity to the nucleic    acid sequence represented by SEQ ID NO: 10, or a functional    fragment, derivative, orthologue, or paralogue thereof, or a splice    variant thereof;-   (ii) a nucleic acid encoding a HCP5 protein having in increasing    order of preference at least 60%, at least 61%, at least 62%, at    least 63%, at least 64%, at least 65%, at least 66%, at least 67%,    at least 68%, at least 69%, at least 70%, at least 71%, at least    72%, at least 73%, at least 74%, at least 75%, at least 76%, at    least 77%, at least 78%, at least 79%, at least 80%, at least 81%,    at least 82%, at least 83%, at least 84%, at least 85%, at least    86%, at least 87%, at least 88%, at least 89%, at least 90%, at    least 91%, at least 92%, at least 93%, at least 94%, at least 95%,    at least 96%, at least 97%, at least 98%, at least 99% or 100%    sequence identity to the amino acid sequence represented by SEQ ID    NO: 3, or a functional fragment, derivative, orthologue, or    paralogue thereof; preferably the HCP5 protein has essentially the    same biological activity as an HCP5 protein encoded by SEQ ID NO:

10, preferably the HCP5 protein confers enhanced fungal resistancerelative to control plants;

-   (iii) a nucleic acid molecule which hybridizes with a complementary    sequence of anyone of the nucleic acids of (i) or (ii) under high    stringency hybridization conditions; preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and-   (iv) a nucleic acid encoding the same HCP5 protein as the HCP5    nucleic acids of (i) to (iii) above, but differing from the HCP5    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code.

Percentages of identity of a nucleic acid are indicated with referenceto the entire nucleotide region given in a sequence specificallydisclosed herein.

Preferably the portion of the HCP5 nucleic acid is about 1000-1200,about 1200-1400, about 1400-1600, about 1600-1800, about 1800-2000,about 2000-2200, about 2200-2400, about 2400-2600, about 2600-2800,about 2800-3000, or about 3000-3123 nucleotides, preferably consecutivenucleotides, preferably counted from the 5′ or 3′ end of the nucleicacid, in length, of the nucleic acid sequences given in SEQ ID NO: 10,1, 2, 4, 5, 13-19, 20, 22, 24, 26, 28, 30, 32, or 34.

Preferably, the HCP5 nucleic acid comprises at least about 1400, atleast about 1600, at least about 1800, at least about 2000, at leastabout 2200, at least about 2400, at least about 2600, at least about2800, at least about 3000, or at least about 3100 nucleotides,preferably continuous nucleotides, preferably counted from the 5′ or 3′end of the nucleic acid or up to the full length of the nucleic acidsequence set out in SEQ ID NO: 10, 1, 2, 4, 5, 13-19, 20, 22, 24, 26,28, 30, 32, or 34.

Preferably, the HCP5 nucleic acid comprises at least about 1600, atleast about 1800, at least about 2000, at least about 2100, at leastabout 2200, at least about 2300, or at least about 2400 nucleotides,preferably continuous nucleotides, preferably counted from the 5′ or 3′end of the nucleic acid or up to the full length of the nucleic acidsequence set out in SEQ ID NO: 1.

Preferably the portion of the HCP5 nucleic acid is about 1000-1100,about 1100-1200, about 1200-1300, about 1300-1400, about 1400-1500,about 1500-1600, about 1600-1700, about 1700-1800, about 1800-1900,about 1900-2000, about 2000-2100, about 2100-2200, about 2200-2300, orabout 2300-2403 nucleotides, preferably consecutive nucleotides,preferably counted from the 5′ or 3′ end of the nucleic acid, in length,of the nucleic acid sequences given in SEQ ID NO: 1.

Preferably, the HCP5 nucleic acid comprises at least about 1600, atleast about 1800, at least about 2000, at least about 2100, at leastabout 2200, at least about 2300, or at least about 2400 nucleotides,preferably continuous nucleotides, preferably counted from the 5′ or 3′end of the nucleic acid or up to the full length of the nucleic acidsequence set out in SEQ ID NO: 10 or 13-19.

Preferably the portion of the HCP5 nucleic acid is about 1000-1100,about 1100-1200, about 1200-1300, about 1300-1400, about 1400-1500,about 1500-1600, about 1600-1700, about 1700-1800, about 1800-1900,about 1900-2000, about 2000-2100, about 2100-2200, about 2200-2300, orabout 2300-2403 nucleotides, preferably consecutive nucleotides,preferably counted from the 5′ or 3′ end of the nucleic acid, in length,of the nucleic acid sequences given in SEQ ID NO: 10 or 13-19.

Preferably, the HCP5 nucleic acid comprises at least about 500, at leastabout 600, at least about 700, at least about 750, or at least about 800nucleotides, preferably continuous nucleotides, preferably counted fromthe 5′ or 3′ end of the nucleic acid or up to the full length of thenucleic acid sequence set out in SEQ ID NO: 11.

Preferably the portion of the HCP5 nucleic acid is about 500-600, about600-700, about 700-725, about 725-750, about 750-775, about 775-800, orabout 800-829 nucleotides, preferably consecutive nucleotides,preferably counted from the 5′ or 3′ end of the nucleic acid, in length,of the nucleic acid sequences given in SEQ ID NO: 11.

Preferably, the HCP5 nucleic acid is a HCP5 nucleic acid splice variant.Preferred splice variants are splice variants of a nucleic acidrepresented by SEQ ID NO: 4. Preferred HCP5 nucleic acids being a splicevariant of SEQ ID NO: 4 are shown in FIG. 7.

Preferably, the HCP5 nucleic acid is an isolated nucleic acid moleculecomprising a splice variant of SEQ ID NO: 4, wherein the splice variantis selected from the group consisting of:

-   (i) a nucleic acid having in increasing order of preference at least    60%, at least 61%, at least 62%, at least 63%, at least 64%, at    least 65%, at least 66%, at least 67%, at least 68%, at least 69%,    at least 70%, at least 71%, at least 72%, at least 73%, at least    74%, at least 75%, at least 76%, at least 77%, at least 78%, at    least 79%, at least 80%, at least 81%, at least 82%, at least 83%,    at least 84%, at least 85%, at least 86%, at least 87%, at least    88%, at least 89%, at least 90%, at least 91%, at least 92%, at    least 93%, at least 94%, at least 95%, at least 96%, at least 97%,    at least 98%, at least 99% or 100% sequence identity to the nucleic    acid sequence represented by SEQ ID NO: 10, 1, or 2, or a functional    fragment, derivative, orthologue, or paralogue thereof;-   (ii) a nucleic acid encoding a HCP5 protein having in increasing    order of preference at least 60%, at least 61%, at least 62%, at    least 63%, at least 64%, at least 65%, at least 66%, at least 67%,    at least 68%, at least 69%, at least 70%, at least 71%, at least    72%, at least 73%, at least 74%, at least 75%, at least 76%, at    least 77%, at least 78%, at least 79%, at least 80%, at least 81%,    at least 82%, at least 83%, at least 84%, at least 85%, at least    86%, at least 87%, at least 88%, at least 89%, at least 90%, at    least 91%, at least 92%, at least 93%, at least 94%, at least 95%,    at least 96%, at least 97%, at least 98%, at least 99% or 100%    sequence identity to the amino acid sequence represented by SEQ ID    NO: 3, or a functional fragment, derivative, orthologue, or    paralogue thereof; preferably the HCP5 protein has essentially the    same biological activity as an HCP5 protein encoded by SEQ ID NO:    10, 1, or 2; preferably the HCP5 protein confers enhanced fungal    resistance relative to control plants;-   (iii) a nucleic acid molecule which hybridizes with a complementary    sequence of anyone of the nucleic acids of (i) or (ii) under high    stringency hybridization conditions; preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and-   (iv) a nucleic acid encoding the same HCP5 protein as the HCP5    nucleic acids of (i) to (iii) above, but differing from the HCP5    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code.

Preferred splice variants of SEQ ID NO: 4 consist of or comprise anyoneof the nucleotide sequences shown in SEQ ID NO: 10, 1, or 2. Mostpreferred is the HCP5 nucleic acid splice variant as shown in SEQ ID NO:2.

Preferably the HCP5 nucleic acid is an isolated nucleic acid moleculecomprising a nucleic acid selected from the group consisting of:

-   (i) a nucleic acid having in increasing order of preference at least    60%, at least 61%, at least 62%, at least 63%, at least 64%, at    least 65%, at least 66%, at least 67%, at least 68%, at least 69%,    at least 70%, at least 71%, at least 72%, at least 73%, at least    74%, at least 75%, at least 76%, at least 77%, at least 78%, at    least 79%, at least 80%, at least 81%, at least 82%, at least 83%,    at least 84%, at least 85%, at least 86%, at least 87%, at least    88%, at least 89%, at least 90%, at least 91%, at least 92%, at    least 93%, at least 94%, at least 95%, at least 96%, at least 97%,    at least 98%, at least 99% or 100% sequence identity to the nucleic    acid sequence represented by SEQ ID NO: 4, or a splice variant    thereof;-   (ii) a nucleic acid molecule which hybridizes with a complementary    sequence of anyone of the nucleic acids of (i) under high stringency    hybridization conditions; preferably encoding a HCP5 protein;    preferably wherein the nucleic acid molecule codes for a polypeptide    which has essentially identical properties to the polypeptide    described in SEQ ID No: 12 or 3; preferably the encoded protein    confers enhanced fungal resistance relative to control plants; and-   (iii) a nucleic acid encoding the same HCP5 protein as the HCP5    nucleic acids of (i) or (ii) above, but differing from the HCP5    nucleic acids of (i) or (ii) above due to the degeneracy of the    genetic code; wherein the splice variant thereof is selected from    the group consisting of:-   (i) a nucleic acid having in increasing order of preference at least    60%, at least 61%, at least 62%, at least 63%, at least 64%, at    least 65%, at least 66%, at least 67%, at least 68%, at least 69%,    at least 70%, at least 71%, at least 72%, at least 73%, at least    74%, at least 75%, at least 76%, at least 77%, at least 78%, at    least 79%, at least 80%, at least 81%, at least 82%, at least 83%,    at least 84%, at least 85%, at least 86%, at least 87%, at least    88%, at least 89%, at least 90%, at least 91%, at least 92%, at    least 93%, at least 94%, at least 95%, at least 96%, at least 97%,    at least 98%, at least 99% or 100% sequence identity to the nucleic    acid sequence represented by SEQ ID NO: 10, 1, or 2, or a functional    fragment, derivative, orthologue, or paralogue thereof;-   (ii) a nucleic acid encoding a HCP5 protein having in increasing    order of preference at least 60%, at least 61%, at least 62%, at    least 63%, at least 64%, at least 65%, at least 66%, at least 67%,    at least 68%, at least 69%, at least 70%, at least 71%, at least    72%, at least 73%, at least 74%, at least 75%, at least 76%, at    least 77%, at least 78%, at least 79%, at least 80%, at least 81%,    at least 82%, at least 83%, at least 84%, at least 85%, at least    86%, at least 87%, at least 88%, at least 89%, at least 90%, at    least 91%, at least 92%, at least 93%, at least 94%, at least 95%,    at least 96%, at least 97%, at least 98%, at least 99% or 100%    sequence identity to the amino acid sequence represented by SEQ ID    NO: 3, or a functional fragment, derivative, orthologue, or    paralogue thereof; preferably the HCP5 protein has essentially the    same biological activity as an HCP5 protein encoded by SEQ ID NO:    10, 1, or 2; preferably the HCP5 protein confers enhanced fungal    resistance relative to control plants;-   (iii) a nucleic acid molecule which hybridizes with a complementary    sequence of anyone of the nucleic acids of (i) or (ii) under high    stringency hybridization conditions; preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and-   (iv) a nucleic acid encoding the same HCP5 protein as the HCP5    nucleic acids of (i) to (iii) above, but differing from the HCP5    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code.

More preferably the HCP5 nucleic acid is an isolated nucleic acidmolecule comprising a nucleic acid selected from the group consistingof:

a nucleic acid having in increasing order of preference least 80%, atleast 81%, at least 82%, at least 83%, at least 84%, at least 85%, atleast 86%, at least 87%, at least 88%, at least 89%, at least 90%, atleast 91%, at least 92%, at least 93%, at least 94%, at least 95%, atleast 96%, at least 97%, at least 98%, at least 99% or 100% sequenceidentity to the nucleic acid sequence represented by SEQ ID NO: 4, or asplice variant thereof; wherein the splice variant thereof is selectedfrom the group consisting of:a nucleic acid having in increasing order of preference at least 80%, atleast 81%, at least 82%, at least 83%, at least 84%, at least 85%, atleast 86%, at least 87%, at least 88%, at least 89%, at least 90%, atleast 91%, at least 92%, at least 93%, at least 94%, at least 95%, atleast 96%, at least 97%, at least 98%, at least 99% or 100% sequenceidentity to the nucleic acid sequence represented by SEQ ID NO: 10, 1,or 2; preferably SEQ ID NO: 10.

In a preferred embodiment, the HCP5 nucleic acid comprises a nucleicacid sequence having in increasing order of preference at least 60%, atleast 61%, at least 62%, at least 63%, at least 64%, at least 65%, atleast 66%, at least 67%, at least 68%, at least 69%, at least 70%, atleast 71%, at least 72%, at least 73%, at least 74%, at least 75%, atleast 76%, at least 77%, at least 78%, at least 79%, at least 80%, atleast 81%, at least 82%, at least 83%, at least 84%, at least 85%, atleast 86%, at least 87%, at least 88%, at least 89%, at least 90%, atleast 91%, at least 92%, at least 93%, at least 94%, at least 95%, atleast 96%, at least 97%, at least 98%, at least 99% or 100% sequenceidentity to the nucleic acid sequence represented by SEQ ID NO: 11, or afunctional fragment, derivative, orthologue, or paralogue thereof.

In a preferred embodiment, the HCP5 nucleic acid comprises a nucleicacid sequence having in increasing order of preference at least 60%, atleast 61%, at least 62%, at least 63%, at least 64%, at least 65%, atleast 66%, at least 67%, at least 68%, at least 69%, at least 70%, atleast 71%, at least 72%, at least 73%, at least 74%, at least 75%, atleast 76%, at least 77%, at least 78%, at least 79%, at least 80%, atleast 81%, at least 82%, at least 83%, at least 84%, at least 85%, atleast 86%, at least 87%, at least 88%, at least 89%, at least 90%, atleast 91%, at least 92%, at least 93%, at least 94%, at least 95%, atleast 96%, at least 97%, at least 98%, at least 99% or 100% sequenceidentity to the nucleic acid sequence represented by SEQ ID NO: 10, 1,2, or 4, or a functional fragment, derivative, orthologue, or paraloguethereof, wherein the HCP5 nucleic acid comprises a nucleic acid sequencehaving in increasing order of preference at least 80%, at least 81%, atleast 82%, at least 83%, at least 84%, at least 85%, at least 86%, atleast 87%, at least 88%, at least 89%, at least 90%, at least 91%, atleast 92%, at least 93%, at least 94%, at least 95%, at least 96%, atleast 97%, at least 98%, at least 99% or 100% sequence identity to thenucleic acid sequence represented by SEQ ID NO: 11.

In a preferred embodiment, the HCP5 nucleic acid is a splice variantcomprising a nucleic acid sequence having in increasing order ofpreference at least 60%, at least 61%, at least 62%, at least 63%, atleast 64%, at least 65%, at least 66%, at least 67%, at least 68%, atleast 69%, at least 70%, at least 71%, at least 72%, at least 73%, atleast 74%, at least 75%, at least 76%, at least 77%, at least 78%, atleast 79%, at least 80%, at least 81%, at least 82%, at least 83%, atleast 84%, at least 85%, at least 86%, at least 87%, at least 88%, atleast 89%, at least 90%, at least 91%, at least 92%, at least 93%, atleast 94%, at least 95%, at least 96%, at least 97%, at least 98%, atleast 99% or 100% sequence identity to the nucleic acid sequencerepresented by SEQ ID NO: 11, or a functional fragment, derivative,orthologue, or paralogue thereof.

Preferably, the HCP5 nucleic acid comprises an exon sequence comprisinga nucleic acid sequence having in increasing order of preference atleast 60%, at least 61%, at least 62%, at least 63%, at least 64%, atleast 65%, at least 66%, at least 67%, at least 68%, at least 69%, atleast 70%, at least 71%, at least 72%, at least 73%, at least 74%, atleast 75%, at least 76%, at least 77%, at least 78%, at least 79%, atleast 80%, at least 81%, at least 82%, at least 83%, at least 84%, atleast 85%, at least 86%, at least 87%, at least 88%, at least 89%, atleast 90%, at least 91%, at least 92%, at least 93%, at least 94%, atleast 95%, at least 96%, at least 97%, at least 98%, at least 99% or100% sequence identity to the nucleic acid sequence represented by SEQID NO: 11, or a functional fragment, derivative, orthologue, orparalogue thereof.

In a preferred embodiment, the HCP5 nucleic acid comprises a nucleicacid sequence having in increasing order of preference at least 60%, atleast 61%, at least 62%, at least 63%, at least 64%, at least 65%, atleast 66%, at least 67%, at least 68%, at least 69%, at least 70%, atleast 71%, at least 72%, at least 73%, at least 74%, at least 75%, atleast 76%, at least 77%, at least 78%, at least 79%, at least 80%, atleast 81%, at least 82%, at least 83%, at least 84%, at least 85%, atleast 86%, at least 87%, at least 88%, at least 89%, at least 90%, atleast 91%, at least 92%, at least 93%, at least 94%, at least 95%, atleast 96%, at least 97%, at least 98%, at least 99% or 100% sequenceidentity to the nucleic acid sequence represented by SEQ ID NO: 10, 1,2, or 4, or a splice variant thereof, wherein the splice variantcomprises a nucleic acid sequence, preferably an exon sequence, havingin increasing order of preference at least 80%, at least 81%, at least82%, at least 83%, at least 84%, at least 85%, at least 86%, at least87%, at least 88%, at least 89%, at least 90%, at least 91%, at least92%, at least 93%, at least 94%, at least 95%, at least 96%, at least97%, at least 98%, at least 99% or 100% sequence identity to the nucleicacid sequence represented by SEQ ID NO: 11.

In a preferred embodiment, the HCP5 nucleic acid encodes a HCP5 proteincomprising an amino acid sequence having in increasing order ofpreference at least 60%, at least 61%, at least 62%, at least 63%, atleast 64%, at least 65%, at least 66%, at least 67%, at least 68%, atleast 69%, at least 70%, at least 71%, at least 72%, at least 73%, atleast 74%, at least 75%, at least 76%, at least 77%, at least 78%, atleast 79%, at least 80%, at least 81%, at least 82%, at least 83%, atleast 84%, at least 85%, at least 86%, at least 87%, at least 88%, atleast 89%, at least 90%, at least 91%, at least 92%, at least 93%, atleast 94%, at least 95%, at least 96%, at least 97%, at least 98%, atleast 99% or 100% sequence identity to the amino acid sequencerepresented by SEQ ID NO: 11, or a functional fragment, derivative,orthologue, or paralogue thereof; preferably the HCP5 protein hasessentially the same biological activity as an HCP5 protein encoded bySEQ ID NO: 10, 1, 2, or 4; preferably the HCP5 protein confers enhancedfungal resistance relative to control plants.

In a preferred embodiment, the HCP5 nucleic acid encodes a HCP5 proteinhaving in increasing order of preference at least 60%, at least 61%, atleast 62%, at least 63%, at least 64%, at least 65%, at least 66%, atleast 67%, at least 68%, at least 69%, at least 70%, at least 71%, atleast 72%, at least 73%, at least 74%, at least 75%, at least 76%, atleast 77%, at least 78%, at least 79%, at least 80%, at least 81%, atleast 82%, at least 83%, at least 84%, at least 85%, at least 86%, atleast 87%, at least 88%, at least 89%, at least 90%, at least 91%, atleast 92%, at least 93%, at least 94%, at least 95%, at least 96%, atleast 97%, at least 98%, at least 99% or 100% sequence identity to theamino acid sequence represented by SEQ ID NO: 3, or a functionalfragment, derivative, orthologue, or paralogue thereof, wherein the HCP5nucleic acid comprises an nucleic acid sequence, preferably an exonsequence, encoding an amino acid sequence having in increasing order ofpreference at least 60%, at least 61%, at least 62%, at least 63%, atleast 64%, at least 65%, at least 66%, at least 67%, at least 68%, atleast 69%, at least 70%, at least 71%, at least 72%, at least 73%, atleast 74%, at least 75%, at least 76%, at least 77%, at least 78%, atleast 79%, at least 80%, at least 81%, at least 82%, at least 83%, atleast 84%, at least 85%, at least 86%, at least 87%, at least 88%, atleast 89%, at least 90%, at least 91%, at least 92%, at least 93%, atleast 94%, at least 95%, at least 96%, at least 97%, at least 98%, atleast 99% or 100% sequence identity to the amino acid sequencerepresented by SEQ ID NO: 12, or a functional fragment, derivative,orthologue, or paralogue thereof; preferably the HCP5 protein hasessentially the same biological activity as an HCP5 protein encoded bySEQ ID NO: 10, 1, 2, or 4; preferably the HCP5 protein confers enhancedfungal resistance relative to control plants.

The HCP5 nucleic acids described herein are useful in the constructs,methods, plants, harvestable parts and products of the invention.

HCP5 Proteins

The HCP5 protein is preferably defined by SEQ ID NO: 3, 21, 23, 25, 27,29, 31, 33, or 35, or a fragment, homolog, derivative, orthologue orparalogue thereof. Preferably, the HCP5 protein of the present inventionis encoded by a nucleic acid, which has at least 60% identity,preferably at least 70% sequence identity, at least 80%, at least 90%,at least 95%, at least 98%, at least 99% sequence identity, or even 100%sequence identity with SEQ ID NO: 3, 21, 23, 25, 27, 29, 31, 33, or 35or a functional fragment thereof. More preferably, the HCP5 protein ofthe present invention has at least 60%, preferably at least 70% sequenceidentity, at least 80%, at least 90%, at least 95%, at least 98%, atleast 99% sequence identity, or even 100% sequence identity with SEQ IDNO: 3, 21, 23, 25, 27, 29, 31, 33, or 35, or is a functional fragmentthereof, an orthologue or a paralogue thereof. Most preferred is atleast 90% identity, at least 95% identity, more preferred is at least98% or at least 99% identity with SEQ ID NO: 3, 21, 23, 25, 27, 29, 31,33, or 35.

In another embodiment, the HCP5 protein of the present inventioncomprises an amino acid sequence that has at least 60%, preferably atleast 70% sequence identity, at least 80%, at least 90%, at least 95%,at least 98%, at least 99% sequence identity, or even 100% sequenceidentity with SEQ ID NO: 12.

More preferably, the HCP5 protein of the present invention has at least60%, preferably at least 70% sequence identity, at least 80%, at least90%, at least 95%, at least 98%, at least 99% sequence identity, or even100% sequence identity with SEQ ID NO: 3, wherein the HCP5 proteincomprises an amino acid sequence having at least 80%, at least 90%, atleast 95%, at least 98%, at least 99% sequence identity, or even 100%sequence identity with SEQ ID NO: 12; or is a functional fragmentthereof, an orthologue or a paralogue thereof.

Preferably, the HCP5 protein is a protein consisting of or comprising anamino acid sequence selected from the group consisting of:

-   (i) an amino acid sequence having in increasing order of preference    at least 60%, at least 61%, at least 62%, at least 63%, at least    64%, at least 65%, at least 66%, at least 67%, at least 68%, at    least 69%, at least 70%, at least 71%, at least 72%, at least 73%,    at least 74%, at least 75%, at least 76%, at least 77%, at least    78%, at least 79%, at least 80%, at least 81%, at least 82%, at    least 83%, at least 84%, at least 85%, at least 86%, at least 87%,    at least 88%, at least 89%, at least 90%, at least 91%, at least    92%, at least 93%, at least 94%, at least 95%, at least 96%, at    least 97%, at least 98%, at least 99% or 100% sequence identity to    the amino acid sequence represented by SEQ ID NO: 12, 3, 21, 23, 25,    27, 29, 31, 33, or 35, or a functional fragment, derivative,    orthologue, or paralogue thereof; preferably the HCP5 protein has    essentially the same biological activity as an HCP5 protein encoded    by SEQ ID NO: 10, 1, 2, 4, 5, 13-19, 20, 22, 24, 26, 28, 30, 32, or    34; preferably the HCP5 protein confers enhanced fungal resistance    relative to control plants; or-   (ii) an amino acid sequence encoded by a nucleic acid having in    increasing order of preference at least 60%, at least 61%, at least    62%, at least 63%, at least 64%, at least 65%, at least 66%, at    least 67%, at least 68%, at least 69%, at least 70%, at least 71%,    at least 72%, at least 73%, at least 74%, at least 75%, at least    76%, at least 77%, at least 78%, at least 79%, at least 80%, at    least 81%, at least 82%, at least 83%, at least 84%, at least 85%,    at least 86%, at least 87%, at least 88%, at least 89%, at least    90%, at least 91%, at least 92%, at least 93%, at least 94%, at    least 95%, at least 96%, at least 97%, at least 98%, at least 99% or    100% sequence identity to the nucleic acid sequence represented by    SEQ ID NO: 11, 10, 1, 2, 4, 5, 13-19, 20, 22, 24, 26, 28, 30, 32, or    34, or a functional fragment, derivative, orthologue, or paralogue    thereof, or a splice variant thereof; preferably the HCP5 protein    confers enhanced fungal resistance relative to control plants.

Preferably, the HCP5 protein is a protein comprising an amino acidsequence selected from the group consisting of:

-   (i) an amino acid sequence having in increasing order of preference    at least 80%, at least 81%, at least 82%, at least 83%, at least    84%, at least 85%, at least 86%, at least 87%, at least 88%, at    least 89%, at least 90%, at least 91%, at least 92%, at least 93%,    at least 94%, at least 95%, at least 96%, at least 97%, at least    98%, at least 99% or 100% sequence identity to the amino acid    sequence represented by SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31,    33, or 35, or a functional fragment, derivative, orthologue, or    paralogue thereof; preferably the HCP5 protein has essentially the    same biological activity as an HCP5 protein encoded by SEQ ID NO:    10, 1, 2, 4, 5, 13-19, 20, 22, 24, 26, 28, 30, 32, or 34; preferably    the HCP5 protein confers enhanced fungal resistance relative to    control plants; or-   (ii) an amino acid sequence encoded by a nucleic acid having in    increasing order of preference at least 80%, at least 81%, at least    82%, at least 83%, at least 84%, at least 85%, at least 86%, at    least 87%, at least 88%, at least 89%, at least 90%, at least 91%,    at least 92%, at least 93%, at least 94%, at least 95%, at least    96%, at least 97%, at least 98%, at least 99% or 100% sequence    identity to the nucleic acid sequence represented by SEQ ID NO: 11,    10, 1, 2, 4, 5, 13-19, 20, 22, 24, 26, 28, 30, 32, or 34, or a    functional fragment, derivative, orthologue, or paralogue thereof,    or a splice variant thereof; preferably the HCP5 protein confers    enhanced fungal resistance relative to control plants.

A preferred derivative of a HCP5 protein is a HCP5 protein consisting ofor comprising an amino acid sequence selected from the group consistingof:

an amino acid sequence having in increasing order of preference at least60%, at least 61%, at least 62%, at least 63%, at least 64%, at least65%, at least 66%, at least 67%, at least 68%, at least 69%, at least70%, at least 71%, at least 72%, at least 73%, at least 74%, at least75%, at least 76%, at least 77%, at least 78%, at least 79%, at least80%, at least 81%, at least 82%, at least 83%, at least 84%, at least85%, at least 86%, at least 87%, at least 88%, at least 89%, at least90%, at least 91%, at least 92%, at least 93%, at least 94%, at least95%, at least 96%, at least 97%, at least 98%, or at least 99% sequenceidentity to the amino acid sequence represented by SEQ ID NO: 12 or 3,wherein the non-identical amino acid residues are conservative aminoacid substitutions, preferably as shown in Table 1, of the correspondingamino acid residue of SEQ ID NO: 12 or 3; preferably the HCP5 proteinhas essentially the same biological activity as SEQ ID NO: 3 or as aHCP5 protein encoded by SEQ ID NO: 10, 1, 2 or 4; preferably the HCP5protein confers enhanced fungal resistance relative to control plants.

Preferably, the HCP5 protein consists of or comprises an amino acidsequence represented by SEQ ID NO: 3 with one or more conservative aminoacid substitutions, preferably as shown in Table 1, of the correspondingamino acid residues of SEQ ID NO: 3. Preferably 1, 2, 3, 4, 5, 6, 7, 8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,27, 28, 29, 30, 1-10, 10-20, 20-30, 40-50, 50-60, 60-70, 70-80, 80-90,90-100, 100-110, 110-120, or 120-130 amino acid residues of SEQ ID NO:12 or 3 are conservative amino acid substitutions, preferably as shownin Table 1, of the corresponding amino acid residue of SEQ ID NO: 12, 3,21, 23, 25, 27, 29, 31, 33, or 35.

More preferably, the HCP5 protein consists of or comprises an amino acidsequence having at least 80%, at least 85%, at least 90%, at least 95%,at least 98% or at least 99% sequence identity with an amino acidsequence as represented by SEQ ID NO: 12 or 3, wherein at least 1, atleast 2, at least 3, at least 4, at least 5, at least 6, at least 7, atleast 8, at least 9, at least 10, at least 11, at least 12, at least 13,at least 14, at least 15, at least 16, at least 17, at least 18, atleast 19, at least 20, at least 21, at least 22, at least 23, at least24, at least 25, at least 26, at least 27, at least 28, at least 29, orat least 30 of the non-identical amino acid residues, or wherein 1-10,10-20, 20-30, 40-50, 50-60, 60-70, 70-80, 80-90 or 90-100 or even all ofthe non-identical amino acid residues are conservative amino acidsubstitutions, preferably as shown in Table 1, of the correspondingamino acid residue of SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31, 33, or35.

Percentages of identity of a polypeptide or protein are indicated withreference to the entire amino acid sequence specifically disclosedherein.

Preferably, the HCP5 protein comprises at least about 300, at leastabout 400, at least about 450, at least about 500, at least about 520,at least about 540, at least about 560, at least about 580, at leastabout 590, at least about 600, at least about 610, or at least about 620amino acid residues, preferably continuous amino acid residues,preferably counted from the N-terminus or the C-terminus of the aminoacid sequence, or up to the full length of the amino acid sequence setout in SEQ ID NO: 3, 21, 23, 25, 27, 29, 31, 33, or 35.

Preferably, the HCP5 polypeptide comprises about 300-400, about 400-500,about 500-520, about 520-540, about 540-560, about 560-580, about580-590, about 590-600, about 600-610, about 610-623 amino acids,preferably consecutive amino acids, preferably counted from theN-terminus or C-terminus of the amino acid sequence, or up to the fulllength of any of the amino acid sequences encoded by the nucleic acidsequences set out in SEQ ID NO: 3, 21, 23, 25, 27, 29, 31, 33, or 35.

Preferably, the HCP5 protein comprises at least about 100, at leastabout 125, at least about 150, at least about 175, at least about 200,at least about 225, at least about 250, or at least about 275 amino acidresidues, preferably continuous amino acid residues, preferably countedfrom the N-terminus or the C-terminus of the amino acid sequence, or upto the full length of the amino acid sequence set out in SEQ ID NO: 12.

Preferably, the HCP5 polypeptide comprises about 100-125, about 125-150,about 150-175, about 175-200, about 200-225, about 225-250, or about250-275 amino acids, preferably consecutive amino acids, preferablycounted from the N-terminus or C-terminus of the amino acid sequence, orup to the full length of any of the amino acid sequences encoded by thenucleic acid sequences set out in SEQ ID NO: 12.

The HCP5 proteins described herein are useful in the constructs,methods, plants, harvestable parts and products of the invention.

Methods for Increasing Fungal Resistance; Methods for Modulating GeneExpression

One embodiment of the invention is a method for increasing fungalresistance, preferably resistance to Phakopsoraceae, for example soybean rust, in a plant, plant part, or plant cell by increasing theexpression of an HCP5 protein or a functional fragment, orthologue,paralogue or homologue thereof in comparison to wild-type plants,wild-type plant parts or wild-type plant cells.

The present invention also provides a method for increasing resistanceto fungal pathogens, in particular a heminecrotrophic pathogen, inparticular to rust pathogens (i.e., fungal pathogens of the orderPucciniales), preferably fungal pathogens of the family Phakopsoraceae,preferably against fungal pathogens of the genus Phakopsora, mostpreferably against Phakopsora pachyrhizi and Phakopsora meibomiae, alsoknown as soy bean rust in plants or plant cells, wherein in comparisonto wild type plants, wild type plant parts, or wild type plant cells anHCP5 protein is overexpressed.

The present invention further provides a method for increasingresistance to fungal pathogens of the genus Phakopsora, most preferablyagainst Phakopsora pachyrhizi and Phakopsora meibomiae, also known assoy bean rust in plants or plant cells by overexpression of an HCP5protein.

In preferred embodiments, the protein amount and/or function of the HCP5protein in the plant is increased by at least 10%, at least 20%, atleast 30%, at least 40%, at least 50%, at least 60%, at least 70%, atleast 80%, at least 90%, or at least 95% or more in comparison to a wildtype plant that is not transformed with the HCP5 nucleic acid.

In one embodiment of the invention, the HCP5 protein is encoded by anucleic acid comprising

-   (i) an exogenous nucleic acid having at least 60%, preferably at    least 70%, for example at least 75%, more preferably at least 80%,    for example at least 85%, even more preferably at least 90%, for    example at least 95% or at least 96% or at least 97% or at least 98%    most preferably 99% identity with SEQ ID NO: 11, 10, 1, 2, 4, 5,    13-19, 20, 22, 24, 26, 28, 30, 32, or 34, a functional fragment    thereof, or an orthologue or a paralogue thereof, or a splice    variant thereof; or by-   (ii) an exogenous nucleic acid encoding a protein comprising an    amino acid sequence having at least 60% identity, preferably at    least 70%, for example at least 75%, more preferably at least 80%,    for example at least 85%, even more preferably at least 90%, for    example at least 95% or at least 96% or at least 97% or at least 98%    most preferably 99% homology with SEQ ID NO: 12, 3, 21, 23, 25, 27,    29, 31, 33, or 35, a functional fragment thereof, an orthologue or a    paralogue thereof, preferably the encoded protein confers enhanced    fungal resistance relative to control plants;-   (iii) an exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31,    33, or 35; preferably the encoded protein confers enhanced fungal    resistance relative to control plants; or by-   (iv) an exogenous nucleic acid encoding the same HCP5 protein as any    of the nucleic acids of (i) to (iii) above, but differing from the    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code.

In another embodiment of the invention, the HCP5 protein comprises anamino acid sequence

-   (i) having at least 60%, preferably at least 70%, for example at    least 75%, more preferably at least 80%, for example at least 85%,    even more preferably at least 90%, for example at least 95% or at    least 96% or at least 97% or at least 98% most preferably 99%    identity with SEQ ID NO: 12; or-   (ii) encoded by a nucleic acid sequence having least 60%, preferably    at least 70%, for example at least 75%, more preferably at least    80%, for example at least 85%, even more preferably at least 90%,    for example at least 95% or at least 96% or at least 97% or at least    98% most preferably 99% identity with SEQ ID NO: 11; preferably the    HCP5 protein has essentially the same biological activity as SEQ ID    NO: 3 or as a HCP5 protein encoded by SEQ ID NO: 10, 1, 2 or 4;    preferably the encoded protein confers enhanced fungal resistance    relative to control plants.

A method for increasing fungal resistance, preferably resistance toPhakopsoraceae, for example soy bean rust, in a plant, plant part, orplant cell, by increasing the expression of an HCP5 protein or afunctional fragment, orthologue, paralogue or homologue thereof, or asplice variant thereof, wherein the HCP5 protein is encoded by a nucleicacid comprising

-   (i) an exogenous nucleic acid having at least 60% identity,    preferably at least 70% sequence identity, at least 80%, at least    90%, at least 95%, at least 98%, at least 99% sequence identity, or    even 100% sequence identity with SEQ ID NO: 11, 10, 1, 2, 4, 5,    13-19, 20, 22, 24, 26, 28, 30, 32, or 34, or a functional fragment    thereof, an orthologue or a paralogue thereof, or a splice variant    thereof;-   (ii) an exogenous nucleic acid encoding a protein comprising an    amino acid sequence having at least 60%, preferably at least 70%    sequence identity, at least 80%, at least 90%, at least 95%, at    least 98%, at least 99% sequence identity, or even 100% sequence    identity with SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31, 33, or 35, a    functional fragment thereof, an orthologue or a paralogue thereof;    preferably the encoded protein confers enhanced fungal resistance    relative to control plants;-   (iii) an exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and/or by-   (iv) an exogenous nucleic acid encoding the same HCP5 protein as any    of the nucleic acids of (i) to (iii) above, but differing from the    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code    is a further embodiment of the invention.

A method for increasing fungal resistance, preferably resistance toPhakopsoraceae, for example soy bean rust, in a plant, plant part, orplant cell, by increasing the expression of an HCP5 protein or afunctional fragment, orthologue, paralogue or homologue thereof, or asplice variant thereof, wherein the HCP5 protein is encoded by

-   (i) an exogenous nucleic acid having at least 60% identity,    preferably at least 70% sequence identity, at least 80%, at least    90%, at least 95%, at least 98%, at least 99% sequence identity, or    even 100% sequence identity with SEQ ID NO: 1 or a functional    fragment thereof, an orthologue or a paralogue thereof, or a splice    variant thereof;-   (ii) an exogenous nucleic acid encoding a protein having at least    60%, preferably at least 70% sequence identity, at least 80%, at    least 90%, at least 95%, at least 98%, at least 99% sequence    identity, or even 100% sequence identity with SEQ ID NO: 3, a    functional fragment thereof, an orthologue or a paralogue thereof;    preferably the encoded protein confers enhanced fungal resistance    relative to control plants;-   (iii) an exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and/or by-   (iv) an exogenous nucleic acid encoding the same HCP5 protein as any    of the nucleic acids of (i) to (iii) above, but differing from the    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code    is a further embodiment of the invention.

A method for increasing fungal resistance, preferably resistance toPhakopsoraceae, for example soy bean rust, in a plant, plant part, orplant cell, by increasing the expression of an HCP5 protein or afunctional fragment, orthologue, paralogue or homologue thereof, or asplice variant thereof, wherein the HCP5 protein is encoded by

-   (i) an exogenous nucleic acid having at least 60% identity,    preferably at least 70% sequence identity, at least 80%, at least    90%, at least 95%, at least 98%, at least 99% sequence identity, or    even 100% sequence identity with SEQ ID NO: 10 or a functional    fragment thereof, an orthologue or a paralogue thereof, or a splice    variant thereof;-   (ii) an exogenous nucleic acid encoding a protein having at least    60%, preferably at least 70% sequence identity, at least 80%, at    least 90%, at least 95%, at least 98%, at least 99% sequence    identity, or even 100% sequence identity with SEQ ID NO: 3, a    functional fragment thereof, an orthologue or a paralogue thereof;    preferably the encoded protein confers enhanced fungal resistance    relative to control plants;-   (iii) an exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and/or by-   (iv) an exogenous nucleic acid encoding the same HCP5 protein as any    of the nucleic acids of (i) to (iii) above, but differing from the    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code    is a further embodiment of the invention.

In a further method of the invention, the method comprises the steps of

-   (a) stably transforming a plant cell with a recombinant expression    cassette comprising    -   (i) a nucleic acid having at least 60% identity, preferably at        least 70% sequence identity, at least 80%, at least 90%, at        least 95%, at least 98%, at least 99% sequence identity, or even        100% sequence identity with SEQ ID NO: 10, 1, 2, 4, 5, 13-19,        20, 22, 24, 26, 28, 30, 32, or 34, or a functional fragment        thereof, or an orthologue or a paralogue thereof, or a splice        variant thereof;    -   (ii) a nucleic acid coding for a protein comprising an amino        acid sequence having at least 60% identity, preferably at least        70% sequence identity, at least 80%, at least 90%, at least 95%,        at least 98%, at least 99% sequence identity, or even 100%        sequence identity with SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31,        33, or 35, a functional fragment thereof, an orthologue or a        paralogue thereof; preferably the encoded protein confers        enhanced fungal resistance relative to control plants;    -   (iii) a nucleic acid capable of hybridizing under stringent        conditions with a complementary sequence of any of the nucleic        acids according to (i) or (ii); preferably encoding a HCP5        protein; preferably wherein the nucleic acid molecule codes for        a polypeptide which has essentially identical properties to the        polypeptide described in SEQ ID NO: 12 or 3; preferably the        encoded protein confers enhanced fungal resistance relative to        control plants; and/or        -   (iv) a nucleic acid encoding the same HCP5 polypeptide as            any of the nucleic acids of (i) to (iii) above, but            differing from the nucleic acids of (i) to (iii) above due            to the degeneracy of the genetic code,    -   in functional linkage with a promoter;-   (b) regenerating the plant from the plant cell; and-   (c) expressing said nucleic acid, optionally wherein the nucleic    acid which codes for an HCP5 protein is expressed in an amount and    for a period sufficient to generate or to increase soybean rust    resistance in said plant.

Preferably, the method comprises the steps of

-   (a) stably transforming a plant cell with a recombinant expression    cassette comprising    -   (i) a nucleic acid having at least 60% identity, preferably at        least 70% sequence identity, at least 80%, at least 90%, at        least 95%, at least 98%, at least 99% sequence identity, or even        100% sequence identity with SEQ ID NO: 1, or a functional        fragment thereof, or an orthologue or a paralogue thereof, or a        splice variant thereof;    -   (ii) a nucleic acid coding for a protein having at least 60%        identity, preferably at least 70% sequence identity, at least        80%, at least 90%, at least 95%, at least 98%, at least 99%        sequence identity, or even 100% sequence identity with SEQ ID        NO: 3, a functional fragment thereof, an orthologue or a        paralogue thereof; preferably the encoded protein confers        enhanced fungal resistance relative to control plants;    -   (iii) a nucleic acid capable of hybridizing under stringent        conditions with a complementary sequence of any of the nucleic        acids according to (i) or (ii); preferably encoding a HCP5        protein; preferably wherein the nucleic acid molecule codes for        a polypeptide which has essentially identical properties to the        polypeptide described in SEQ ID NO: 12 or 3; preferably the        encoded protein confers enhanced fungal resistance relative to        control plants; and/or    -   (iv) a nucleic acid encoding the same HCP5 polypeptide as any of        the nucleic acids of (i) to (iii) above, but differing from the        nucleic acids of (i) to (iii) above due to the degeneracy of the        genetic code,    -   in functional linkage with a promoter;-   (b) regenerating the plant from the plant cell; and-   (c) expressing said nucleic acid, optionally wherein the nucleic    acid which codes for an HCP5 protein is expressed in an amount and    for a period sufficient to generate or to increase soybean rust    resistance in said plant.

Preferably, the method comprises the steps of

-   (a) stably transforming a plant cell with a recombinant expression    cassette comprising    -   (i) a nucleic acid having at least 60% identity, preferably at        least 70% sequence identity, at least 80%, at least 90%, at        least 95%, at least 98%, at least 99% sequence identity, or even        100% sequence identity with SEQ ID NO: 10, or a functional        fragment thereof, or an orthologue or a paralogue thereof, or a        splice variant thereof;    -   (ii) a nucleic acid coding for a protein having at least 60%        identity, preferably at least 70% sequence identity, at least        80%, at least 90%, at least 95%, at least 98%, at least 99%        sequence identity, or even 100% sequence identity with SEQ ID        NO: 3, a functional fragment thereof, an orthologue or a        paralogue thereof; preferably the encoded protein confers        enhanced fungal resistance relative to control plants;    -   (iii) a nucleic acid capable of hybridizing under stringent        conditions with a complementary sequence of any of the nucleic        acids according to (i) or (ii); preferably encoding a HCP5        protein; preferably wherein the nucleic acid molecule codes for        a polypeptide which has essentially identical properties to the        polypeptide described in SEQ ID NO: 12 or 3; preferably the        encoded protein confers enhanced fungal resistance relative to        control plants; and/or    -   (iv) a nucleic acid encoding the same HCP5 polypeptide as any of        the nucleic acids of (i) to (iii) above, but differing from the        nucleic acids of (i) to (iii) above due to the degeneracy of the        genetic code,    -   in functional linkage with a promoter;-   (b) regenerating the plant from the plant cell; and-   (c) expressing said nucleic acid, optionally wherein the nucleic    acid which codes for an HCP5 protein is expressed in an amount and    for a period sufficient to generate or to increase soybean rust    resistance in said plant.

Preferably, the method for increasing fungal resistance, preferablyresistance to Phakopsoraceae, for example soy bean rust, in a plant,plant part, or plant cell further comprises the step of selecting atransgenic plant expressing

-   (i) an exogenous nucleic acid having at least 60% identity,    preferably at least 70% sequence identity, at least 80%, at least    90%, at least 95%, at least 98%, at least 99% sequence identity, or    even 100% sequence identity with SEQ ID NO: 10, 1, 2, or 4, or a    functional fragment thereof, or an orthologue or a paralogue    thereof, or a splice variant thereof;-   (ii) an exogenous nucleic acid coding for a protein having at least    60% identity, preferably at least 70% sequence identity, at least    80%, at least 90%, at least 95%, at least 98%, at least 99% sequence    identity, or even 100% sequence identity with SEQ ID NO: 3, a    functional fragment thereof, an orthologue or a paralogue thereof;    preferably the encoded protein confers enhanced fungal resistance    relative to control plants;-   (iii) an exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and/or-   (iv) an exogenous nucleic acid encoding the same HCP5 polypeptide as    any of the nucleic acids of (i) to (iii) above, but differing from    the nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code.

A preferred embodiment is a method for increasing resistance to soy beanrust in a soy bean plant, soy bean plant part, or soy bean plant cell,by increasing the expression of an HCP5 protein, wherein the HCP5protein is encoded by a nucleic acid comprising

-   (i) an exogenous nucleic acid having at least 80%, at least 90%, at    least 95%, at least 98%, at least 99% sequence identity, or even    100% sequence identity with SEQ ID NO: 11, 10, 1, 2, 4, 5, 13-19,    20, 22, 24, 26, 28, 30, 32, or 34;-   (ii) an exogenous nucleic acid encoding a protein comprising an    amino acid sequence having at least 80%, at least 90%, at least 95%,    at least 98%, at least 99% sequence identity, or even 100% sequence    identity with SEQ ID NO: 12 or 3; preferably the encoded protein    confers enhanced fungal resistance relative to control plants;-   (iii) an exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31,    33, or 35; preferably the encoded protein confers enhanced fungal    resistance relative to control plants; and/or by-   (iv) an exogenous nucleic acid encoding the same HCP5 protein as any    of the nucleic acids of (i) to (iii) above, but differing from the    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code,    wherein increasing the expression of the HCP5 protein is achieved by    transforming the soy bean plant, plant part or plant cell with a    nucleic acid comprising the nucleic acid set out under item (i)    or (ii) or (iii) or (iv).

Also a preferred embodiment is a method for increasing resistance to soybean rust in a soy bean plant, soy bean plant part, or soy bean plantcell, by increasing the expression of an HCP5 protein, wherein the HCP5protein is encoded by a nucleic acid comprising

-   (i) an exogenous nucleic acid having at least 80%, at least 90%, at    least 95%, at least 98%, at least 99% sequence identity, or even    100% sequence identity with SEQ ID NO: 11, 10, 1, 2, 4, 5, 13-19,    20, 22, 24, 26, 28, 30, 32, or 34;-   (ii) an exogenous nucleic acid encoding a protein comprising an    amino acid sequence having at least 80%, at least 90%, at least 95%,    at least 98%, at least 99% sequence identity, or even 100% sequence    identity with SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31, 33, or 35;    preferably the encoded protein confers enhanced fungal resistance    relative to control plants; or-   (iii) an exogenous nucleic acid encoding the same HCP5 protein as    any of the nucleic acids of (i) to (ii) above, but differing from    the nucleic acids of (i) to (ii) above due to the degeneracy of the    genetic code,    wherein increasing the expression of the HCP5 protein is achieved by    transforming the soy bean plant, plant part or plant cell with a    nucleic acid comprising the nucleic acid set out under item (i)    or (ii) or (iii).

The fungal pathogens or fungus-like pathogens (such as, for example,Chromista) can belong to the group comprising Plasmodiophoramycota,Oomycota, Ascomycota, Chytridiomycetes, Zygomycetes, Basidiomycota orDeuteromycetes (Fungi imperfecti). Pathogens which may be mentioned byway of example, but not by limitation, are those detailed in Tables 2and 3, and the diseases which are associated with them.

TABLE 2 Diseases caused by biotrophic and/or heminecrotrophicphytopathogenic fungi Disease Pathogen Leaf rust Puccinia reconditaYellow rust P. striiformis Powdery mildew Erysiphe graminis/Blumeriagraminis Rust (common corn) Puccinia sorghi Rust (Southern corn)Puccinia polysora Tobacco leaf spot Cercospora nicotianae Rust (soybean)Phakopsora pachyrhizi, P. meibomiae Rust (tropical corn) Physopellapallescens, P. zeae = Angiopsora zeae

TABLE 3 Diseases caused by necrotrophic and/or hemibiotrophic fungi andOomycetes Disease Pathogen Plume blotch Septoria (Stagonospora) nodorumLeaf blotch Septoria tritici Ear fusarioses Fusarium spp. Late blightPhytophthora infestans Anthrocnose leaf blight Colletotrichumgraminicola (teleomorph: Anthracnose stalk rot Glomerella graminicolaPolitis); Glomerella tucumanensis (anamorph: Glomerella falcatum Went)Curvularia leaf spot Curvularia clavata, C. eragrostidis, = C. maculans(teleomorph: Cochliobolus eragrostidis), Curvularia inaequalis, C.intermedia (teleomorph: Cochliobolus intermedius), Curvularia lunata(teleomorph: Cochliobolus lunatus), Curvularia pallescens (teleomorph:Cochliobolus pallescens) Curvularia senegalensis, C. tuberculata(teleomorph: Cochliobolus tuberculatus) Didymella leaf spot Didymellaexitalis Diplodia leaf spot or streak Stenocarpella macrospora =Diplodialeaf macrospora Brown stripe downy mildew Sclerophthora rayssiaevar. zeae Crazy top downy mildew Sclerophthora macrospora = Sclerosporamacrospora Green ear downy mildew Sclerospora graminicola (graminicoladowny mildew) Leaf spots, minor Alternaria alternata, Ascochyta maydis,A. tritici, A. zeicola, Bipolaris victoriae = Helminthosporium victoriae(teleomorph: Cochliobolus victoriae), C. sativus (anamorph: Bipolarissorokiniana = H. sorokinianum = H. sativum), Epicoccum nigrum,Exserohilum prolatum = Drechslera prolata (teleomorph: Setosphaeriaprolata) Graphium penicillioides, Leptosphaeria maydis, Leptothyriumzeae, Ophiosphaerella herpotricha, (anamorph: Scolecosporiella sp.),Paraphaeosphaeria michotii, Phoma sp., Septoria zeae, S. zeicola, S.zeina Northern corn leaf blight (white Setosphaeria turcica (anamorph:blast, crown stalk rot, stripe) Exserohilum turcicum = Helminthosporiumturcicum) Northern corn leaf spot Cochliobolus carbonum (anamorph:Helminthosporium ear rot (race 1) Bipolaris zeicola = Helminthosporiumcarbonum) Phaeosphaeria leaf spot Phaeosphaeria maydis = Sphaerulinamaydis Rostratum leaf spot Setosphaeria rostrata, (anamorph:(Helminthosporium leaf disease, ear xserohilum rostratum =Helminthosporium and stalk rot) rostratum) Java downy mildewPeronosclerospora maydis = Sclerospora maydis Philippine downy mildewPeronosclerospora philippinensis = Sclerospora philippinensis Sorghumdowny mildew Peronosclerospora sorghi = Sclerospora sorghi Spontaneumdowny mildew Peronosclerospora spontanea = Sclerospora spontaneaSugarcane downy mildew Peronosclerospora sacchari = Sclerospora sacchariSclerotium ear rot Sclerotium rolfsii Sacc. (teleomorph: (southernblight) Athelia rolfsii) Seed rot-seedling blight Bipolaris sorokiniana,B. zeicola = Helminthosporium carbonum, Diplodia maydis, Exserohilumpedicillatum, Exserohilum turcicum = Helminthosporium turcicum, Fusariumavenaceum, F. culmorum, F. moniliforme, Gibberella zeae (anamorph: F.graminearum), Macrophomina phaseolina, Penicillium, spp. Phomopsis sp.,Pythium spp., Rhizoctonia solani, R. zeae, Sclerotium rolfsii, Spicariasp. Selenophoma leaf spot Selenophoma sp. Yellow leaf blight Ascochytaischaemi, Phyllosticta maydis (teleomorph: Mycosphaerella zeae-maydis)Zonate leaf spot Gloeocercospora sorghi

The following are especially preferred:

-   Plasmodiophoromycota such as Plasmodiophora brassicae (clubroot of    crucifers), Spongospora subterranea, Polymyxa graminis,-   Oomycota such as Bremia lactucae (downy mildew of lettuce),    Peronospora (downy mildew) in snapdragon (P. antirrhini), onion (P.    destructor), spinach (P. effusa), soybean (P. manchurica), tobacco    (“blue mold”; P. tabacina) alfalfa and clover (P. trifolium),    Pseudoperonospora humuli (downy mildew of hops), Plasmopara (downy    mildew in grapevines) (P. viticola) and sunflower (P. halstedii),    Sclerophthora macrospora (downy mildew in cereals and grasses),    Pythium (for example damping-off of Beta beet caused by P.    debaryanum), Phytophthora infestans (late blight in potato and in    tomato and the like), Albugo spec.-   Ascomycota such as Microdochium nivale (snow mold of rye and wheat),    Fusarium, Fusarium graminearum, Fusarium culmorum (partial ear    sterility mainly in wheat), Fusarium oxysporum (Fusarium wilt of    tomato), Blumeria graminis (powdery mildew of barley (f.sp. hordei)    and wheat (f.sp. tritici)), Erysiphe pisi (powdery mildew of pea),    Nectria galligena (Nectria canker of fruit trees), Uncinula necator    (powdery mildew of grapevine), Pseudopeziza tracheiphila (red fire    disease of grapevine), Claviceps purpurea (ergot on, for example,    rye and grasses), Gaeumannomyces graminis (take-all on wheat, rye    and other grasses), Magnaporthe grisea, Pyrenophora graminea (leaf    stripe of barley), Pyrenophora teres (net blotch of barley),    Pyrenophora tritici-repentis (leaf blight of wheat), Venturia    inaequalis (apple scab), Sclerotinia sclerotium (stalk break, stem    rot), Pseudopeziza medicaginis (leaf spot of alfalfa, white and red    clover).-   Basidiomycetes such as Typhula incarnata (typhula blight on barley,    rye, wheat), Ustilago maydis (blister smut on maize), Ustilago nuda    (loose smut on barley), Ustilago tritici (loose smut on wheat,    spelt), Ustilago avenae (loose smut on oats), Rhizoctonia solani    (rhizoctonia root rot of potato), Sphacelotheca spp. (head smut of    sorghum), Melampsora lini (rust of flax), Puccinia graminis (stem    rust of wheat, barley, rye, oats), Puccinia recondita (leaf rust on    wheat), Puccinia dispersa (brown rust on rye), Puccinia hordei (leaf    rust of barley), Puccinia coronata (crown rust of oats), Puccinia    striiformis (yellow rust of wheat, barley, rye and a large number of    grasses), Uromyces appendiculatus (brown rust of bean), Sclerotium    rolfsii (root and stem rots of many plants).-   Deuteromycetes (Fungi imperfecti) such as Septoria (Stagonospora)    nodorum (glume blotch) of wheat (Septoria tritici),    Pseudocercosporella herpotrichoides (eyespot of wheat, barley, rye),    Rynchosporium secalis (leaf spot on rye and barley), Alternaria    solani (early blight of potato, tomato), Phoma betae (blackleg on    Beta beet), Cercospora beticola (leaf spot on Beta beet), Alternaria    brassicae (black spot on oilseed rape, cabbage and other crucifers),    Verticillium dahliae (verticillium wilt), Colletotrichum,    Colletotrichum lindemuthianum (bean anthracnose), Phoma lingam    (blackleg of cabbage and oilseed rape), Botrytis cinerea (grey mold    of grapevine, strawberry, tomato, hops and the like).

Especially preferred are biotrophic pathogens, e.g., Phakopsorapachyrhizi and/or those pathogens which have essentially a similarinfection mechanism as Phakopsora pachyrhizi, as described herein.Particularly preferred are pathogens from the subclass Pucciniomycetes,preferably from the order Pucciniales, preferably the group Uredinales(rusts), among which in particular the Melompsoraceae. Preferred arePhakopsoraceae, more preferably Phakopsora. Especially preferred arePhakopsora pachyrhizi and/or Phakopsora meibomiae.

Also preferred rust fungi are selected from the group of Puccinia,Gymnosporangium, Juniperus, Cronartium, Hemileia, and Uromyces;preferably Puccinia sorghi, Gymnosporangium juniperi-virginianae,Juniperus virginiana, Cronartium ribicola, Hemileia vastatrix, Pucciniagraminis, Puccinia coronata, Uromyces phaseoli, Puccinia hemerocallidis,Puccinia persistens subsp. Triticina, Puccinia striiformis, Pucciniagraminis causes, and/or Uromyces appendeculatus.

HCP5 Expression Constructs and Vector Constructs

A recombinant vector construct comprising:

-   (a) (i) a nucleic acid having at least 60% identity, preferably at    least 70% sequence identity, at least 80%, at least 90%, at least    95%, at least 98%, at least 99% sequence identity, or even 100%    sequence identity with SEQ ID NO: 11, 10, 1, 2, 4, 5, 13-19, 20, 22,    24, 26, 28, 30, 32, or 34, or a functional fragment thereof, or an    orthologue or a paralogue thereof, or a splice variant thereof;    -   (ii) a nucleic acid coding for a protein comprising an amino        acid sequence having at least 60% identity, preferably at least        70% sequence identity, at least 80%, at least 90%, at least 95%,        at least 98%, at least 99% sequence identity, or even 100%        sequence identity with SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31,        33, or 35, a functional fragment thereof, an orthologue or a        paralogue thereof; preferably the encoded protein confers        enhanced fungal resistance relative to control plants;    -   (iii) a nucleic acid capable of hybridizing under stringent        conditions with a complementary sequence of any of the nucleic        acids according to (i) or (ii); preferably encoding a HCP5        protein; preferably wherein the nucleic acid molecule codes for        a polypeptide which has essentially identical properties to the        polypeptide described in SEQ ID NO: 12 or 3; preferably the        encoded protein confers enhanced fungal resistance relative to        control plants; and/or    -   (iv) a nucleic acid encoding the same HCP5 protein as any of the        nucleic acids of (i) to (iii) above, but differing from the        nucleic acids of (i) to (iii) above due to the degeneracy of the        genetic code,    -    operably linked with-   (b) a promoter and-   (c) a transcription termination sequence is a further embodiment of    the invention.

Furthermore, a recombinant vector construct is provided comprising:

-   (a) (i) a nucleic acid having at least 80%, at least 90%, at least    95%, at least 98%, at least 99% sequence identity, or even 100%    sequence identity with SEQ ID NO: 11, 10, 1, 2, 4, 5, 13-19, 20, 22,    24, 26, 28, 30, 32, or 34;    -   (ii) a nucleic acid coding for a protein comprising an amino        acid sequence having at least 80%, at least 90%, at least 95%,        at least 98%, at least 99% sequence identity, or even 100%        sequence identity with SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31,        33, or 35; preferably the encoded protein confers enhanced        fungal resistance relative to control plants;    -   (iii) a nucleic acid capable of hybridizing under stringent        conditions with a complementary sequence of any of the nucleic        acids according to (i) or (ii);

preferably encoding a HCP5 protein; preferably wherein the nucleic acidmolecule codes for a polypeptide which has essentially identicalproperties to the polypeptide described in SEQ ID NO: 12 or 3;preferably the encoded protein confers enhanced fungal resistancerelative to control plants; and/or

-   -   (iv) a nucleic acid encoding the same HCP5 protein as any of the        nucleic acids of (i) to (iii) above, but differing from the        nucleic acids of (i) to (iii) above due to the degeneracy of the        genetic code,    -    operably linked with

-   (b) a promoter and

-   (c) a transcription termination sequence is a further embodiment of    the invention.

Furthermore, a recombinant vector construct is provided comprising:

-   (a) (i) a nucleic acid having at least 80%, at least 90%, at least    95%, at least 98%, at least 99% sequence identity, or even 100%    sequence identity with SEQ ID NO: 1;    -   (ii) a nucleic acid coding for a protein having at least 80%, at        least 90%, at least 95%, at least 98%, at least 99% sequence        identity, or even 100% sequence identity with SEQ ID NO: 3;        preferably the encoded protein confers enhanced fungal        resistance relative to control plants;    -   (iii) a nucleic acid capable of hybridizing under stringent        conditions with a complementary sequence of any of the nucleic        acids according to (i) or (ii); preferably encoding a HCP5        protein; preferably wherein the nucleic acid molecule codes for        a polypeptide which has essentially identical properties to the        polypeptide described in SEQ ID NO: 12 or 3; preferably the        encoded protein confers enhanced fungal resistance relative to        control plants; and/or    -   (iv) a nucleic acid encoding the same HCP5 protein as any of the        nucleic acids of (i) to (iii) above, but differing from the        nucleic acids of (i) to (iii) above due to the degeneracy of the        genetic code,    -    operably linked with-   (b) a promoter and-   (c) a transcription termination sequence is a further embodiment of    the invention.

Furthermore, a recombinant vector construct is provided comprising:

-   (a) (i) a nucleic acid having at least 80%, at least 90%, at least    95%, at least 98%, at least 99% sequence identity, or even 100%    sequence identity with SEQ ID NO: 10;    -   (ii) a nucleic acid coding for a protein having at least 80%, at        least 90%, at least 95% , at least 98%, at least 99% sequence        identity, or even 100% sequence identity with SEQ ID NO: 3;        preferably the encoded protein confers enhanced fungal        resistance relative to control plants;    -   (iii) a nucleic acid capable of hybridizing under stringent        conditions with a complementary sequence of any of the nucleic        acids according to (i) or (ii); preferably encoding a HCP5        protein; preferably wherein the nucleic acid molecule codes for        a polypeptide which has essentially identical properties to the        polypeptide described in SEQ ID NO: 12 or 3; preferably the        encoded protein confers enhanced fungal resistance relative to        control plants; and/or    -   (iv) a nucleic acid encoding the same HCP5 protein as any of the        nucleic acids of (i) to (iii) above, but differing from the        nucleic acids of (i) to (iii) above due to the degeneracy of the        genetic code,    -    operably linked with-   (b) a promoter and-   (c) a transcription termination sequence is a further embodiment of    the invention.

Promoters according to the present invention may be constitutive,inducible, in particular pathogen-inducible, developmentalstage-preferred, cell type-preferred, tissue-preferred ororgan-preferred. Constitutive promoters are active under mostconditions. Non-limiting examples of constitutive promoters include theCaMV 19S and 35S promoters (Odell et al., 1985, Nature 313:810-812), thesX CaMV 35S promoter (Kay et al., 1987, Science 236:1299-1302), the Sep1promoter, the rice actin promoter (McElroy et al., 1990, Plant Cell2:163-171), the Arabidopsis actin promoter, the ubiquitin promoter(Christensen et al., 1989, Plant Molec. Biol. 18:675-689); pEmu (Last etal., 1991, Theor. Appl. Genet. 81:581-588), the figwort mosaic virus 35Spromoter, the Smas promoter (Velten et al., 1984, EMBO J. 3:2723-2730),the GRP1-8 promoter, the cinnamyl alcohol dehydrogenase promoter (U.S.Pat. No. 5,683,439), promoters from the T-DNA of Agrobacterium, such asmannopine synthase, nopaline synthase, and octopine synthase, the smallsubunit of ribulose biphosphate carboxylase (ssuRUBISCO) promoter,and/or the like.

Preferably, the expression vector of the invention comprises aconstitutive promoter, mesophyll-specific promoter, epidermis-specificpromoter, root-specific promoter, a pathogen inducible promoter, or afungal-inducible promoter.

A promoter is inducible, if its activity, measured on the amount of RNAproduced under control of the promoter, is at least 30%, at least 40%,at least 50% preferably at least 60%, at least 70%, at least 80%, atleast 90% more preferred at least 100%, at least 200%, at least 300%higher in its induced state, than in its un-induced state. A promoter iscell-, tissue- or organ-specific, if its activity, measured on theamount of RNA produced under control of the promoter, is at least 30%,at least 40%, at least 50% preferably at least 60%, at least 70%, atleast 80%, at least 90% more preferred at least 100%, at least 200%, atleast 300% higher in a particular cell-type, tissue or organ, then inother cell-types or tissues of the same plant, preferably the othercell-types or tissues are cell types or tissues of the same plant organ,e.g. a root. In the case of organ specific promoters, the promoteractivity has to be compared to the promoter activity in other plantorgans, e.g. leaves, stems, flowers or seeds. Preferably, the promoteris a constitutive promoter, mesophyll-specific promoter, orepidermis-specific promoter.

Especially preferred is a promoter from parsley, preferably, the parsleyubiquitine promoter. A preferred terminator is the terminator of thecathepsin D inhibitor gene from Solanum tuberosum.

In preferred embodiments, the increase in the protein amount and/oractivity of the HCP5 protein takes place in a constitutive ortissue-specific manner. In especially preferred embodiments, anessentially pathogen-induced increase in the protein amount and/orprotein activity takes place, for example by recombinant expression ofthe HCP5 nucleic acid under the control of a fungal-inducable promoter.In particular, the expression of the HCP5 nucleic acid takes place onfungal infected sites, where, however, preferably the expression of theHCP5 nucleic acid remains essentially unchanged in tissues not infectedby fungus.

Developmental stage-preferred promoters are preferentially expressed atcertain stages of development. Tissue and organ preferred promotersinclude those that are preferentially expressed in certain tissues ororgans, such as leaves, roots, seeds, or xylem. Examples of tissuepreferred and organ preferred promoters include, but are not limited tofruit-preferred, ovule-preferred, male tissue-preferred, seed-preferred,integument-preferred, tuber-preferred, stalk-preferred,pericarp-preferred, leaf-preferred, stigma-preferred, pollen-preferred,anther-preferred, a petal-preferred, sepal-preferred, pedicel-preferred,silique-preferred, stem-preferred, root-preferred promoters and/or thelike. Seed preferred promoters are preferentially expressed during seeddevelopment and/or germination. For example, seed preferred promoterscan be embryo-preferred, endosperm preferred and seed coat-preferred.See Thompson et al., 1989, BioEssays 10:108. Examples of seed preferredpromoters include, but are not limited to cellulose synthase (celA),Cim1, gamma-zein, globulin-1, maize 19 kD zein (cZ19B1) and/or the like.

Other suitable tissue-preferred or organ-preferred promoters include,but are not limited to, the napin-gene promoter from rapeseed (U.S. Pat.No. 5,608,152), the USP-promoter from Vicia faba (Baeumlein et al.,1991, Mol Gen Genet. 225 (3):459-67), the oleosin-promoter fromArabidopsis (PCT Application No. WO 98/45461), the phaseolin-promoterfrom Phaseolus vulgaris (U.S. Pat. No. 5,504,200), the Bce4-promoterfrom Brassica (PCT Application No. WO 91/13980), or the legumin B4promoter (LeB4; Baeumlein et al., 1992, Plant Journal, 2 (2):233-9), aswell as promoters conferring seed specific expression in monocot plantslike maize, barley, wheat, rye, rice, etc. Suitable promoters to noteare the Ipt2 or Ipt1-gene promoter from barley (PCT Application No. WO95/15389 and PCT Application No. WO 95/23230) or those described in PCTApplication No. WO 99/16890 (promoters from the barley hordein-gene,rice glutelin gene, rice oryzin gene, rice prolamin gene, wheat gliadingene, wheat glutelin gene, oat glutelin gene, Sorghum kasirin-gene,and/or rye secalin gene).

Promoters useful according to the invention include, but are not limitedto, are the major chlorophyll a/b binding protein promoter, histonepromoters, the Ap3 promoter, the β-conglycin promoter, the napinpromoter, the soybean lectin promoter, the maize 15 kD zein promoter,the 22 kD zein promoter, the 27 kD zein promoter, the g-zein promoter,the waxy, shrunken 1, shrunken 2, bronze promoters, the Zm13 promoter(U.S. Pat. No. 5,086,169), the maize polygalacturonase promoters (PG)(U.S. Pat. Nos. 5,412,085 and 5,545,546), the SGB6 promoter (U.S. Pat.No. 5,470,359), as well as synthetic or other natural promoters.

Epidermis-specific promoters may be selected from the group consistingof:

WIR5 (=GstA1); acc. X56012; Dudler & Schweizer,GLP4, acc. AJ310534; Wei Y., Zhang Z., Andersen C. H., Schmelzer E.,Gregersen P. L., Collinge D. B., Smedegaard-Petersen V. andThordal-Christensen H., Plant Molecular Biology 36, 101 (1998),GLP2a, acc. AJ237942, Schweizer P., Christoffel A. and Dudler R., PlantJ. 20, 541 (1999); Prx7, acc. AJ003141, Kristensen B. K., Ammitzböll H.,Rasmussen S. K. and Nielsen K. A., Molecular Plant Pathology, 2 (6), 311(2001);GerA, acc. AF250933; Wu S., Druka A., Horvath H., Kleinhofs A.,Kannangara G. and von Wettstein D., Plant Phys Biochem 38, 685 (2000);OsROC1, acc. AP004656RTBV, acc. AAV62708, AAV62707; Klöti A., Henrich C., Bieri S., He X.,Chen G., Burkhardt P. K., Wünn J., Lucca P., Hohn T., Potrykus I. andFütterer J., PMB 40, 249 (1999);Chitinase ChtC2-Promoter from potato (Ancillo et al., Planta. 217 (4),566, (2003));

AtProT3 Promoter (Grallath et al., Plant Physiology. 137 (1), 117(2005));

SHN-Promoters from Arabidopsis (AP2/EREBP transcription factors involvedin cutin and wax production) (Aarón et al., Plant Cell. 16 (9), 2463(2004)); and/orGSTA1 from wheat (Dudler et al., WP2005306368 and Altpeter et al., PlantMolecular Biology. 57 (2), 271 (2005)).

Mesophyll-specific promoters may be selected from the group consistingof:

PPCZm1 (=PEPC); Kausch A. P., Owen T. P., Zachwieja S. J., Flynn A. R.and Sheen J., Plant Mol. Biol. 45, 1 (2001);

OsrbcS, Kyozuka et al., PlaNT Phys 102, 991 (1993); Kyozuka J., McElroyD., Hayakawa T., Xie Y., Wu R. and Shimamoto K., Plant Phys. 102, 991(1993);

OsPPDK, acc. AC099041;TaGF-2.8, acc. M63223; Schweizer P., Christoffel A. and Dudler R., PlantJ. 20, 541 (1999);TaFBPase, acc. X53957;TaWIS1, acc. AF467542; US 200220115849;HvBIS1, acc. AF467539; US 200220115849;ZmMIS1, acc. AF467514; US 200220115849;HvPR1a, acc. X74939; Bryngelsson et al., Mol. Plant Microbe Interacti. 7(2), 267 (1994);HvPR1b, acc. X74940; Bryngelsson et al., Mol. Plant Microbe Interact. 7(2), 267 (1994);HvB1,3gluc; acc. AF479647;HvPrx8, acc. AJ276227; Kristensen et al., Molecular Plant Pathology, 2(6), 311 (2001); and/orHvPAL, acc. X97313; Wei Y., Zhang Z., Andersen C. H., Schmelzer E.,Gregersen P. L., Collinge D. B., Smedegaard-Petersen V. andThordal-Christensen H. Plant Molecular Biology 36, 101 (1998).

Constitutive promoters may be selected from the group consisting of

-   -   PcUbi promoter from parsley (WO 03/102198)        CaMV 35S promoter: Cauliflower Mosaic Virus 35S promoter (Benfey        et al. 1989 EMBO J. 8 (8): 2195-2202),    -   STPT promoter: Arabidopsis thaliana Short Triose phosphate        translocator promoter (Accession NM_123979)    -   Act1 promoter: Oryza sativa actin 1 gene promoter (McElroy et        al. 1990 PLANT CELL 2 (2) 163-171 a) and/or    -   EF1A2 promoter: Glycine max translation elongation factor EF1        alpha (US 20090133159).

One type of vector construct is a “plasmid,” which refers to a circulardouble stranded DNA loop into which additional DNA segments can beligated. Another type of vector is a viral vector, wherein additionalDNA segments can be ligated into the viral genome. Certain vectorconstructs are capable of autonomous replication in a host plant cellinto which they are introduced. Other vector constructs are integratedinto the genome of a host plant cell upon introduction into the hostcell, and thereby are replicated along with the host genome. Inparticular the vector construct is capable of directing the expressionof gene to which the vectors is operatively linked. However, theinvention is intended to include such other forms of expression vectorconstructs, such as viral vectors (e.g., potato virus X, tobacco rattlevirus, and/or Gemini virus), which serve equivalent functions.

In preferred embodiments, the increase in the protein quantity orfunction of the HCP5 protein takes place in a constitutive ortissue-specific manner. In especially preferred embodiments, anessentially pathogen-induced increase in the protein quantity or proteinfunction takes place, for example by exogenous expression of the HCP5nucleic acid under the control of a fungal-inducible promoter. Inparticular, the expression of the HCP5 nucleic acid takes place onfungal infected sites, where, however, preferably the expression of theHCP5 nucleic acid sequence remains essentially unchanged in tissues notinfected by fungus. In preferred embodiments, the protein amount of anHCP5 protein in the plant is increased by at least 10%, at least 20%, atleast 30%, at least 40%, at least 50%, at least 60%, at least 70%, atleast 80%, at least 90%, or at least 95% or more in comparison to a wildtype plant that is not transformed with the HCP5 nucleic acid.

A preferred embodiment is the use of an expression construct or a vectoras described herein for the transformation of a plant, plant part, orplant cell to provide a pathogen resistant plant, plant part, or plantcell. Thus, a preferred embodiment is the use of an expression constructor a vector as described herein for increasing pathogen resistance in aplant, plant part, or plant cell compared to a control plant, plantpart, or plant cell.

Transgenic Organisms; Transgenic Plants, Plant Parts, and Plant Cells

A preferred embodiment is a transgenic plant, transgenic plant part, ortransgenic plant cell overexpressing an exogenous HCP5 protein.Preferably, the HCP5 protein overexpressed in the plant, plant part orplant cell is encoded by a nucleic acid comprising

-   (i) an exogenous nucleic acid having at least 60% identity with SEQ    ID NO: 11, 10, 1, 2, 4, 5, 13-19, 20, 22, 24, 26, 28, 30, 32, or 34    or a functional fragment, thereof, an orthologue or a paralogue    thereof, or a splice variant thereof; or by-   (ii) an exogenous nucleic acid encoding a protein comprising an    amino acid sequence having at least 60% identity with SEQ ID NO: 12,    3, 21, 23, 25, 27, 29, 31, 33, or 35, a functional fragment thereof,    an orthologue or a paralogue thereof; preferably the encoded protein    confers enhanced fungal resistance relative to control plants;-   (iii) an exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and/or by-   (iv) an exogenous nucleic acid encoding the same HCP5 protein as any    of the nucleic acids of (i) to (iii) above, but differing from the    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code.

Most preferably, the exogenous nucleic acid has at least 80%, at least90%, at least 95%, at least 98%, at least 99% sequence identity, or even100% sequence identity with SEQ ID NO: 10, 1, 2, 4, 5, 13-19, 20, 22,24, 26, 28, 30, 32, or 34; or comprises an exogenous nucleic acidencoding a protein having at least 80%, at least 90%, at least 95%, atleast 98%, at least 99% sequence identity, or even 100% sequenceidentity with SEQ ID NO: 3.

A preferred embodiment is a transgenic plant, transgenic plant part, ortransgenic plant cell overexpressing an exogenous HCP5 protein.Preferably, the HCP5 protein overexpressed in the plant, plant part orplant cell is encoded by

-   (i) an exogenous nucleic acid having at least 60% identity with SEQ    ID NO: 1 or a functional fragment, thereof, an orthologue or a    paralogue thereof, or a splice variant thereof; or by-   (ii) an exogenous nucleic acid encoding a protein having at least    60% identity with SEQ ID NO: 3, a functional fragment thereof, an    orthologue or a paralogue thereof; preferably the encoded protein    confers enhanced fungal resistance relative to control plants;-   (iii) an exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and/or by-   (iv) an exogenous nucleic acid encoding the same HCP5 protein as any    of the nucleic acids of (i) to (iii) above, but differing from the    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code.

A preferred embodiment is a transgenic plant, transgenic plant part, ortransgenic plant cell overexpressing an exogenous HCP5 protein.Preferably, the HCP5 protein overexpressed in the plant, plant part orplant cell is encoded by

-   (i) an exogenous nucleic acid having at least 60% identity with SEQ    ID NO: 10 or a functional fragment, thereof, an orthologue or a    paralogue thereof, or a splice variant thereof; or by-   (ii) an exogenous nucleic acid encoding a protein having at least    60% identity with SEQ ID NO: 3, a functional fragment thereof, an    orthologue or a paralogue thereof; preferably the encoded protein    confers enhanced fungal resistance relative to control plants;-   (iii) an exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and/or by-   (iv) an exogenous nucleic acid encoding the same HCP5 protein as any    of the nucleic acids of (i) to (iii) above, but differing from the    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code.

Most preferably, the exogenous nucleic acid has at least 80%, at least90%, at least 95%, at least 98%, at least 99% sequence identity, or even100% sequence identity with SEQ ID NO: 1; or comprises an exogenousnucleic acid encoding a protein having at least 95%, at least 98%, atleast 99% sequence identity, or even 100% sequence identity with SEQ IDNO: 3.

Most preferably, the exogenous nucleic acid has at least 80%, at least90%, at least 95%, at least 98%, at least 99% sequence identity, or even100% sequence identity with SEQ ID NO: 10; or comprises an exogenousnucleic acid encoding a protein having at least 95%, at least 98%, atleast 99% sequence identity, or even 100% sequence identity with SEQ IDNO: 3.

More preferably, the transgenic plant, transgenic plant part, ortransgenic plant cell according to the present invention has beenobtained by transformation with a recombinant vector described herein.

Suitable methods for transforming or transfecting host cells includingplant cells are well known in the art of plant biotechnology. Any methodmay be used to transform the recombinant expression vector into plantcells to yield the transgenic plants of the invention. General methodsfor transforming dicotyledonous plants are disclosed, for example, inU.S. Pat. Nos. 4,940,838; 5,464,763, and the like. Methods fortransforming specific dicotyledonous plants, for example, cotton, areset forth in U.S. Pat. Nos. 5,004,863; 5,159,135; and 5,846,797. Soytransformation methods are set forth in U.S. Pat. Nos. 4,992,375;5,416,011; 5,569,834; 5,824,877; 6,384,301 and in EP 0301749B1 may beused. Transformation methods may include direct and indirect methods oftransformation. Suitable direct methods include polyethylene glycolinduced DNA uptake, liposome-mediated transformation (U.S. Pat. No.4,536,475), biolistic methods using the gene gun (Fromm M E et al.,Bio/Technology. 8 (9):833-9, 1990; Gordon-Kamm et al. Plant Cell 2:603,1990), electroporation, incubation of dry embryos in DNA-comprisingsolution, and microinjection. In the case of these direct transformationmethods, the plasmids used need not meet any particular requirements.Simple plasmids, such as those of the pUC series, pBR322, M13mp series,pACYC184 and the like can be used. If intact plants are to beregenerated from the transformed cells, an additional selectable markergene is preferably located on the plasmid. The direct transformationtechniques are equally suitable for dicotyledonous and monocotyledonousplants.

Transformation can also be carried out by bacterial infection by meansof Agrobacterium (for example EP 0 116 718), viral infection by means ofviral vectors (EP 0 067 553; U.S. Pat. No. 4,407,956; WO 95/34668; WO93/03161) or by means of pollen (EP 0 270 356; WO 85/01856; U.S. Pat.No. 4,684,611). Agrobacterium based transformation techniques(especially for dicotyledonous plants) are well known in the art. TheAgrobacterium strain (e.g., Agrobacterium tumefaciens or Agrobacteriumrhizogenes) comprises a plasmid (Ti or Ri plasmid) and a T-DNA elementwhich is transferred to the plant following infection withAgrobacterium. The T-DNA (transferred DNA) is integrated into the genomeof the plant cell. The T-DNA may be localized on the Ri- or Ti-plasmidor is separately comprised in a so-called binary vector. Methods for theAgrobacterium-mediated transformation are described, for example, inHorsch R B et al. (1985) Science 225:1229. The Agrobacterium-mediatedtransformation is best suited to dicotyledonous plants but has also beenadapted to monocotyledonous plants. The transformation of plants byAgrobacteria is described in, for example, White F F, Vectors for GeneTransfer in Higher Plants, Transgenic Plants, Vol. 1, Engineering andUtilization, edited by S. D. Kung and R. Wu, Academic Press, 1993, pp.15-38; Jenes Bet al. Techniques for Gene Transfer, Transgenic Plants,Vol. 1, Engineering and Utilization, edited by S. D. Kung and R. Wu,Academic Press, 1993, pp. 128-143; Potrykus (1991) Annu Rev PlantPhysiol Plant Molec Biol 42:205-225. Transformation may result intransient or stable transformation and expression. Although a nucleotidesequence of the present invention can be inserted into any plant andplant cell falling within these broad classes, it is particularly usefulin crop plant cells.

The genetically modified plant cells can be regenerated via all methodswith which the skilled worker is familiar. Suitable methods can be foundin the abovementioned publications by S. D. Kung and R. Wu, Potrykus orHöfgen and Willmitzer.

After transformation, plant cells or cell groupings may be selected forthe presence of one or more markers which are encoded byplant-expressible genes co-transferred with the gene of interest,following which the transformed material is regenerated into a wholeplant. To select transformed plants, the plant material obtained in thetransformation is, as a rule, subjected to selective conditions so thattransformed plants can be distinguished from untransformed plants. Forexample, the seeds obtained in the above-described manner can be plantedand, after an initial growing period, subjected to a suitable selectionby spraying. A further possibility consists in growing the seeds, ifappropriate after sterilization, on agar plates using a suitableselection agent so that only the transformed seeds can grow into plants.Alternatively, the transformed plants are screened for the presence of aselectable marker such as the ones described above. The transformedplants may also be directly selected by screening for the presence ofthe HCP5 nucleic acid.

Following DNA transfer and regeneration, putatively transformed plantsmay also be evaluated, for instance using Southern analysis, for thepresence of the gene of interest, copy number and/or genomicorganisation. Alternatively or additionally, expression levels of thenewly introduced DNA may be monitored using Northern and/or Westernanalysis, both techniques being well known to persons having ordinaryskill in the art.

The generated transformed plants may be propagated by a variety ofmeans, such as by clonal propagation or classical breeding techniques.For example, a first generation (or T1) transformed plant may be selfedand homozygous second-generation (or T2) transformants selected, and theT2 plants may then further be propagated through classical breedingtechniques. The generated transformed organisms may take a variety offorms. For example, they may be chimeras of transformed cells andnon-transformed cells; clonal transformants (e.g., all cells transformedto contain the expression cassette); grafts of transformed anduntransformed tissues (e.g., in plants, a transformed rootstock graftedto an untransformed scion).

Preferably, the transgenic plant of the present invention or the plantobtained by the method of the present invention has increased resistanceagainst fungal pathogens, preferably rust pathogens (i.e., fungalpathogens of the order Pucciniales), preferably against fungal pathogensof the family Phakopsoraceae, more preferably against fungal pathogensof the genus Phakopsora, most preferably against Phakopsora pachyrhiziand Phakopsora meibomiae, also known as soybean rust. Preferably,resistance against Phakopsora pachyrhizi and/or Phakopsora meibomiae isincreased.

Preferably, the plant, plant part, or plant cell is a plant or derivedfrom a plant selected from the group consisting of beans, soya, pea,clover, kudzu, lucerne, lentils, lupins, vetches, groundnut, rice,wheat, barley, arabidopsis, lentil, banana, canola, cotton, potatoe,corn, sugar cane, alfalfa, and sugar beet.

In one embodiment of the present invention the plant is selected fromthe group consisting of beans, soya, pea, clover, kudzu, lucerne,lentils, lupins, vetches, and/or groundnut. Preferably, the plant is alegume, comprising plants of the genus Phaseolus (comprising Frenchbean, dwarf bean, climbing bean (Phaseolus vulgaris), Lima bean(Phaseolus lunatus L.), Tepary bean (Phaseolus acutifolius A. Gray),runner bean (Phaseolus coccineus)); the genus Glycine (comprisingGlycine soja, soybeans (Glycine max (L.) Merill)); pea (Pisum)(comprising shelling peas (Pisum sativum L. convar. sativum), alsocalled smooth or round-seeded peas; marrowfat pea (Pisum sativum L.convar. medullare Alef. emend. C. O. Lehm), sugar pea (Pisum sativum L.convar. axiphium Alef emend. C. O. Lehm), also called snow pea,edible-podded pea or mangetout, (Pisum granda sneida L. convar. sneidulop. shneiderium)); peanut (Arachis hypogaea), clover (Trifolium spec.),medick (Medicago), kudzu vine (Pueraria lobata), common lucerne, alfalfa(M. sativa L.), chickpea (Cicer), lentils (Lens) (Lens culinarisMedik.), lupins (Lupinus); vetches (Vicia), field bean, broad bean(Vicia faba), vetchling (Lathyrus) (comprising chickling pea (Lathyrussativus), heath pea (Lathyrus tuberosus)); genus Vigna (comprising mothbean (Vigna aconitifolia (Jacq.) Maréchal), adzuki bean (Vigna angularis(Willd.) Ohwi & H. Ohashi), urd bean (Vigna mungo (L.) Hepper), mungbean (Vigna radiata (L.) R. Wilczek), bambara groundnut (Vignasubterrane (L.) Verdc.), rice bean (Vigna umbellata (Thunb.) Ohwi & H.Ohashi), Vigna vexillata (L.) A. Rich., Vigna unguiculata (L.) Walp., inthe three subspecies asparagus bean, cowpea, catjang bean)); pigeonpea(Cajanus cajan (L.) Millsp.), the genus Macrotyloma (comprising geocarpagroundnut (Macrotyloma geocarpum (Harms) Maréchal & Baudet), horse bean(Macrotyloma uniflorum (Lam.) Verdc.); goa bean (Psophocarpustetragonolobus (L.) DC.), African yam bean (Sphenostylis stenocarpa(Hochst. ex A. Rich.) Harms), Egyptian black bean, dolichos bean, lablabbean (Lablab purpureus (L.) Sweet), yam bean (Pachyrhizus), guar bean(Cyamopsis tetragonolobus (L.) Taub.); and/or the genus Canavalia(comprising jack bean (Canavalia ensiformis (L.) DC.), sword bean(Canavalia gladiata (Jacq.) DC.).

Further preferred is a plant selected from the group consisting ofbeans, soya, pea, clover, kudzu, lucerne, lentils, lupins, vetches, andgroundnut. Most preferably, the plant, plant part, or plant cell is oris derived from soy.

Preferably, the transgenic plant of the present invention or the plantobtained by the method of the present invention is a soybean plant andhas increased resistance against fungal pathogens of the orderPucciniales (rust), preferably, of the family Phacopsoraceae, morepreferably against fungal pathogens of the genus Phacopsora, mostpreferably against Phakopsora pachyrhizi and Phakopsora meibomiae, alsoknown as soybean rust. Preferably, resistance against Phakopsorapachyrhizi and/or Phakopsora meibomiae is increased.

Methods for the Production of Transgenic Plants

One embodiment according to the present invention provides a method forproducing a transgenic plant, a transgenic plant part, or a transgenicplant cell resistant to a fungal pathogen, preferably of the familyPhacosporaceae, for example soybean rust, wherein the recombinantnucleic acid used to generate a transgenic plant comprises a promoterthat is functional in the plant cell, operably linked to an HCP5 nucleicacid, which is preferably SEQ ID NO: 1, and

a terminator regulatory sequence.

In one embodiment, the present invention refers to a method for theproduction of a transgenic plant, transgenic plant part, or transgenicplant cell having increased fungal resistance, comprising

-   (a) introducing a recombinant vector construct according to the    present invention into a plant, a plant part or a plant cell and-   (b) generating a transgenic plant from the plant, plant part or    plant cell.

Preferably, the method for the production of the transgenic plant,transgenic plant part, or transgenic plant cell further comprises thestep

-   (c) expressing the HCP5 protein, preferably encoded by a nucleic    acid comprising    -   (i) an exogenous nucleic acid having at least 60% identity with        SEQ ID NO: 11, 10, 1, 2, 4, 5, 13-19, 20, 22, 24, 26, 28, 30,        32, or 34, a functional fragment thereof, an orthologue or a        paralogue thereof, or a splice variant thereof;    -   (ii) an exogenous nucleic acid encoding a protein comprising an        amino acid sequence having at least 60% identity with SEQ ID NO:        12, 3, 21, 23, 25, 27, 29, 31, 33, or 35, or a functional        fragment thereof, an orthologue or a paralogue thereof;        preferably the encoded protein confers enhanced fungal        resistance relative to control plants;    -   (iii) an exogenous nucleic acid capable of hybridizing under        stringent conditions with a complementary sequence of any of the        nucleic acids according to (i) or (ii); preferably encoding a        HCP5 protein; preferably wherein the nucleic acid molecule codes        for a polypeptide which has essentially identical properties to        the polypeptide described in SEQ ID NO: 12 or 3; preferably the        encoded protein confers enhanced fungal resistance relative to        control plants; and/or by    -   (iv) an exogenous nucleic acid encoding the same HCP5 protein as        any of the nucleic acids of (i) to (iii) above, but differing        from the nucleic acids of (i) to (iii) above due to the        degeneracy of the genetic code.

Preferably, said introducing and expressing does not comprise anessentially biological process.

More preferably, the method for the production of the transgenic plant,transgenic plant part, or transgenic plant cell further comprises thestep

-   (c) expressing the HCP5 protein, preferably encoded by    -   (i) an exogenous nucleic acid having at least 60% identity with        SEQ ID NO: 1, a functional fragment thereof, an orthologue or a        paralogue thereof, or a splice variant thereof;    -   (ii) an exogenous nucleic acid encoding a protein having at        least 60% identity with

SEQ ID NO: 3, or a functional fragment thereof, an orthologue or aparalogue thereof; preferably the encoded protein confers enhancedfungal resistance relative to control plants;

-   -   (iii) an exogenous nucleic acid capable of hybridizing under        stringent conditions with a complementary sequence of any of the        nucleic acids according to (i) or (ii); preferably encoding a        HCP5 protein; preferably wherein the nucleic acid molecule codes        for a polypeptide which has essentially identical properties to        the polypeptide described in SEQ ID NO: 12 or 3; preferably the        encoded protein confers enhanced fungal resistance relative to        control plants; and/or by    -   (iv) an exogenous nucleic acid encoding the same HCP5 protein as        any of the nucleic acids of (i) to (iii) above, but differing        from the nucleic acids of (i) to (iii) above due to the        degeneracy of the genetic code.

More preferably, the method for the production of the transgenic plant,transgenic plant part, or transgenic plant cell further comprises thestep

-   (c) expressing the HCP5 protein, preferably encoded by    -   (i) an exogenous nucleic acid having at least 60% identity with        SEQ ID NO: 10, a functional fragment thereof, an orthologue or a        paralogue thereof, or a splice variant thereof;    -   (ii) an exogenous nucleic acid encoding a protein having at        least 60% identity with SEQ ID NO: 3, or a functional fragment        thereof, an orthologue or a paralogue thereof; preferably the        encoded protein confers enhanced fungal resistance relative to        control plants;    -   (iii) an exogenous nucleic acid capable of hybridizing under        stringent conditions with a complementary sequence of any of the        nucleic acids according to (i) or (ii); preferably encoding a        HCP5 protein; preferably wherein the nucleic acid molecule codes        for a polypeptide which has essentially identical properties to        the polypeptide described in SEQ ID NO: 12 or 3; preferably the        encoded protein confers enhanced fungal resistance relative to        control plants; and/or by    -   (iv) an exogenous nucleic acid encoding the same HCP5 protein as        any of the nucleic acids of (i) to (iii) above, but differing        from the nucleic acids of (i) to (iii) above due to the        degeneracy of the genetic code.

Preferably, the method for the production of the transgenic plant,transgenic plant part, or transgenic plant cell further comprises thestep of selecting a transgenic plant expressing

-   (i) an exogenous nucleic acid having at least 60% identity,    preferably at least 70% sequence identity, at least 80%, at least    90%, at least 95%, at least 98%, at least 99% sequence identity, or    even 100% sequence identity with SEQ ID NO: 10, 1, 2, 4, 5, 13-19,    20, 22, 24, 26, 28, 30, 32, or 34, or a functional fragment thereof,    or an orthologue or a paralogue thereof, or a splice variant    thereof;-   (ii) an exogenous nucleic acid coding for a protein having at least    60% identity, preferably at least 70% sequence identity, at least    80%, at least 90%, at least 95%, at least 98%, at least 99% sequence    identity, or even 100% sequence identity with SEQ ID NO: 3, 21, 23,    25, 27, 29, 31, 33, or 35, a functional fragment thereof, an    orthologue or a paralogue thereof; preferably the encoded protein    confers enhanced fungal resistance relative to control plants;-   (iii) an exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and/or-   (iv) an exogenous nucleic acid encoding the same HCP5 polypeptide as    any of the nucleic acids of (i) to (iii) above, but differing from    the nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code.

Preferably, the method for the production of the transgenic plant,transgenic plant part, or transgenic plant cell additionally comprisesthe step of harvesting the seeds of the transgenic plant and plantingthe seeds and growing the seeds to plants, wherein the grown plant(s)comprises

-   (i) the exogenous nucleic acid having at least 60% identity with SEQ    ID NO: 11, 10, 1, 2, 4, 5, 13-19, 20, 22, 24, 26, 28, 30, 32, or 34,    a functional fragment thereof, an orthologue or a paralogue thereof,    or a splice variant thereof;-   (ii) the exogenous nucleic acid encoding a protein comprising an    amino acid sequence having at least 60% identity with SEQ ID NO: 12,    3, 21, 23, 25, 27, 29, 31, 33, or 35, or a functional fragment    thereof, an orthologue or a paralogue thereof; preferably the    encoded protein confers enhanced fungal resistance relative to    control plants;-   (iii) the exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and/or-   (iv) the exogenous nucleic acid encoding the same HCP5 protein as    any of the nucleic acids of (i) to (iii) above, but differing from    the nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code;    preferably the step of harvesting the seeds of the transgenic plant    and planting the seeds and growing the seeds to plants, wherein the    grown plant(s) comprises-   (i) the exogenous nucleic acid having at least 60% identity with SEQ    ID NO: 11, 10, 1, 2, 4, 5, 13-19, 20, 22, 24, 26, 28, 30, 32, or 34,    a functional fragment thereof, an orthologue or a paralogue thereof,    or a splice variant thereof;-   (ii) the exogenous nucleic acid encoding a protein comprising an    amino acid sequence having at least 60% identity with SEQ ID NO: 12,    3, 21, 23, 25, 27, 29, 31, 33, or 35, or a functional fragment    thereof, an orthologue or a paralogue thereof; preferably the    encoded protein confers enhanced fungal resistance relative to    control plants;-   (iii) the exogenous nucleic acid capable of hybridizing under    stringent conditions with a complementary sequence of any of the    nucleic acids according to (i) or (ii); preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and/or-   (iv) the exogenous nucleic acid encoding the same HCP5 protein as    any of the nucleic acids of (i) to (iii) above, but differing from    the nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code;    is repeated more than one time, preferably, 1, 2, 3, 4, 5, 6, 8, 9,    10, 15, 20, 25, 30, 35, 40, 45, or 50 times.

The transgenic plants may be selected by known methods as describedabove (e.g., by screening for the presence of one or more markers whichare encoded by plant-expressible genes co-transferred with the HCP5 geneor by directly screening for the HCP5 nucleic acid).

Furthermore, the use of the exogenous HCP5 nucleic acid or therecombinant vector construct comprising the HCP5 nucleic acid for thetransformation of a plant, plant part, or plant cell to provide a fungalresistant plant, plant part, or plant cell is provided.

Harvestable Parts and Products

Harvestable parts of the transgenic plant according to the presentinvention are part of the invention. Preferably, the harvestable partscomprise the HCP5 nucleic acid or HCP5 protein. The harvestable partsmay be seeds, roots, leaves and/or flowers comprising the HCP5 nucleicacid or HCP5 protein or parts thereof. Preferred parts of soy plants aresoy beans comprising the HCP5 nucleic acid or HCP5 protein.

Products derived from a transgenic plant according to the presentinvention, parts thereof or harvestable parts thereof are part of theinvention. A preferred product is meal or oil, preferably, soybean mealor soybean oil. Preferably, the soybean meal and/or oil comprises theHCP5 nucleic acid or HCP5 protein.

Preferably the harvestable parts of the transgenic plant according tothe present invention or the products derived from a transgenic plantcomprise an exogenous nucleic acid molecule consisting of or comprisinga nucleic acid selected from the group consisting of:

-   (i) a nucleic acid having in increasing order of preference at least    60%, at least 61%, at least 62%, at least 63%, at least 64%, at    least 65%, at least 66%, at least 67%, at least 68%, at least 69%,    at least 70%, at least 71%, at least 72%, at least 73%, at least    74%, at least 75%, at least 76%, at least 77%, at least 78%, at    least 79%, at least 80%, at least 81%, at least 82%, at least 83%,    at least 84%, at least 85%, at least 86%, at least 87%, at least    88%, at least 89%, at least 90%, at least 91%, at least 92%, at    least 93%, at least 94%, at least 95%, at least 96%, at least 97%,    at least 98%, at least 99% or 100% sequence identity to the nucleic    acid sequence represented by SEQ ID NO: 11, 10, 1, 2, 4, 5, 13-19,    20, 22, 24, 26, 28, 30, 32, or 34, or a functional fragment,    derivative, orthologue, or paralogue thereof, or a splice variant    thereof;-   (ii) a nucleic acid encoding a HCP5 protein comprising an amino acid    sequence having in increasing order of preference at least 60%, at    least 61%, at least 62%, at least 63%, at least 64%, at least 65%,    at least 66%, at least 67%, at least 68%, at least 69%, at least    70%, at least 71%, at least 72%, at least 73%, at least 74%, at    least 75%, at least 76%, at least 77%, at least 78%, at least 79%,    at least 80%, at least 81%, at least 82%, at least 83%, at least    84%, at least 85%, at least 86%, at least 87%, at least 88%, at    least 89%, at least 90%, at least 91%, at least 92%, at least 93%,    at least 94%, at least 95%, at least 96%, at least 97%, at least    98%, at least 99% or 100% sequence identity to the amino acid    sequence represented by SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31,    33, or 35, or a functional fragment, derivative, orthologue, or    paralogue thereof; preferably the HCP5 protein has essentially the    same biological activity as an HCP5 protein encoded by SEQ ID NO:    11, 10, 1, 2, 4, or 5; preferably the HCP5 protein confers enhanced    fungal resistance relative to control plants;-   (iii) a nucleic acid molecule which hybridizes with a complementary    sequence of anyone of the nucleic acids of (i) or (ii) under high    stringency hybridization conditions; preferably encoding a HCP5    protein; preferably wherein the nucleic acid molecule codes for a    polypeptide which has essentially identical properties to the    polypeptide described in SEQ ID NO: 12 or 3; preferably the encoded    protein confers enhanced fungal resistance relative to control    plants; and-   (iv) a nucleic acid encoding the same HCP5 protein as the HCP5    nucleic acids of (i) to (iii) above, but differing from the HCP5    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code;    or wherein the harvestable part of the transgenic plant or the    product derived from the transgenic plant comprises a HCP5 protein    encoded by any one of the HCP5 nucleic acids of (i) to (iv).

Methods for Manufacturing a Product

In one embodiment the method for the production of a product comprises

-   a) growing the plants of the invention or obtainable by the methods    of invention    and-   b) producing said product from or by the plants of the invention    and/or parts, e.g. seeds, of these plants.

In a further embodiment the method comprises the steps a) growing theplants of the invention, b) removing the harvestable parts as definedabove from the plants and c) producing said product from or by theharvestable parts of the invention.

Preferably the products obtained by said method comprises an exogenousnucleic acid molecule consisting of or comprising a nucleic acidselected from the group consisting of:

-   (i) a nucleic acid having in increasing order of preference at least    60%, at least 61%, at least 62%, at least 63%, at least 64%, at    least 65%, at least 66%, at least 67%, at least 68%, at least 69%,    at least 70%, at least 71%, at least 72%, at least 73%, at least    74%, at least 75%, at least 76%, at least 77%, at least 78%, at    least 79%, at least 80%, at least 81%, at least 82%, at least 83%,    at least 84%, at least 85%, at least 86%, at least 87%, at least    88%, at least 89%, at least 90%, at least 91%, at least 92%, at    least 93%, at least 94%, at least 95%, at least 96%, at least 97%,    at least 98%, at least 99% or 100% sequence identity to the nucleic    acid sequence represented by SEQ ID NO: 11, 10, 1, 2, 4, 5, 13-19,    20, 22, 24, 26, 28, 30, 32, or 34, or a functional fragment,    derivative, orthologue, or paralogue thereof, or a splice variant    thereof;-   (ii) a nucleic acid encoding a HCP5 protein comprising an amino acid    sequence having in increasing order of preference at least 60%, at    least 61%, at least 62%, at least 63%, at least 64%, at least 65%,    at least 66%, at least 67%, at least 68%, at least 69%, at least    70%, at least 71%, at least 72%, at least 73%, at least 74%, at    least 75%, at least 76%, at least 77%, at least 78%, at least 79%,    at least 80%, at least 81%, at least 82%, at least 83%, at least    84%, at least 85%, at least 86%, at least 87%, at least 88%, at    least 89%, at least 90%, at least 91%, at least 92%, at least 93%,    at least 94%, at least 95%, at least 96%, at least 97%, at least    98%, at least 99% or 100% sequence identity to the amino acid    sequence represented by SEQ ID NO: 12, 3, 21, 23, 25, 27, 29, 31,    33, or 35, or a functional fragment, derivative, orthologue, or    paralogue thereof; preferably the HCP5 protein has essentially the    same biological activity as an HCP5 protein encoded by SEQ ID NO:    11, 10, 1, 2, 4, or 5; preferably the HCP5 protein confers enhanced    fungal resistance relative to control plants;-   (iii) a nucleic acid molecule which hybridizes with a complementary    sequence of anyone of the nucleic acids of (i) or (ii) under high    stringency hybridization conditions;

preferably encoding a HCP5 protein; preferably wherein the nucleic acidmolecule codes for a polypeptide which has essentially identicalproperties to the polypeptide described in SEQ ID NO: 12 or 3;preferably the encoded protein confers enhanced fungal resistancerelative to control plants; and

-   (iv) a nucleic acid encoding the same HCP5 protein as the HCP5    nucleic acids of (i) to (iii) above, but differing from the HCP5    nucleic acids of (i) to (iii) above due to the degeneracy of the    genetic code;    or wherein the product obtained by said method comprises a HCP5    protein encoded by any one of the HCP5 nucleic acids of (i) to (iv).

The product may be produced at the site where the plant has been grown,the plants and/or parts thereof may be removed from the site where theplants have been grown to produce the product. Typically, the plant isgrown, the desired harvestable parts are removed from the plant, iffeasible in repeated cycles, and the product made from the harvestableparts of the plant. The step of growing the plant may be performed onlyonce each time the methods of the invention is performed, while allowingrepeated times the steps of product production e.g. by repeated removalof harvestable parts of the plants of the invention and if necessaryfurther processing of these parts to arrive at the product. It is alsopossible that the step of growing the plants of the invention isrepeated and plants or harvestable parts are stored until the productionof the product is then performed once for the accumulated plants orplant parts. Also, the steps of growing the plants and producing theproduct may be performed with an overlap in time, even simultaneously toa large extend or sequentially. Generally the plants are grown for sometime before the product is produced.

In one embodiment the products produced by said methods of the inventionare plant products such as, but not limited to, a foodstuff, feedstuff,a food supplement, feed supplement, fiber, cosmetic and/orpharmaceutical. Foodstuffs are regarded as compositions used fornutrition and/or for supplementing nutrition. Animal feedstuffs andanimal feed supplements, in particular, are regarded as foodstuffs.

In another embodiment the inventive methods for the production are usedto make agricultural products such as, but not limited to, plantextracts, proteins, amino acids, carbohydrates, fats, oils, polymers,vitamins, and the like.

It is possible that a plant product consists of one or more agriculturalproducts to a large extent.

Methods for Breeding/Methods for Plant Improvement/Methods Plant VarietyProduction

The transgenic plants of the invention may be crossed with similartransgenic plants or with transgenic plants lacking the nucleic acids ofthe invention or with non-transgenic plants, using known methods ofplant breeding, to prepare seeds. Further, the transgenic plant cells orplants of the present invention may comprise, and/or be crossed toanother transgenic plant that comprises one or more exogenous nucleicacids, thus creating a “stack” of transgenes in the plant and/or itsprogeny. The seed is then planted to obtain a crossed fertile transgenicplant comprising the HCP5 nucleic acid. The crossed fertile transgenicplant may have the particular expression cassette inherited through afemale parent or through a male parent. The second plant may be aninbred plant. The crossed fertile transgenic may be a hybrid. Alsoincluded within the present invention are seeds of any of these crossedfertile transgenic plants. The seeds of this invention can be harvestedfrom fertile transgenic plants and be used to grow progeny generationsof transformed plants of this invention including hybrid plant linescomprising the exogenous nucleic acid.

Thus, one embodiment of the present invention is a method for breeding afungal resistant plant comprising the steps of

-   (a) crossing a transgenic plant described herein or a plant    obtainable by a method described herein with a second plant;-   (b) obtaining a seed or seeds resulting from the crossing step    described in (a);-   (c) planting said seed or seeds and growing the seed or seeds to    plants; and-   (d) selecting from said plants the plants expressing an HCP5    protein, preferably encoded by a nucleic acid comprising    -   (i) an exogenous nucleic acid having at least 60% identity with        SEQ ID NO: 11, 10, 1, 2, 4, 5, 13-19, 20, 22, 24, 26, 28, 30,        32, or 34, a functional fragment thereof, an orthologue or a        paralogue thereof, or a splice variant thereof;    -   (ii) an exogenous nucleic acid encoding a protein comprising an        amino acid sequence having at least 60% identity with SEQ ID NO:        12, 3, 21, 23, 25, 27, 29, 31, 33, or 35, or a functional        fragment thereof, an orthologue or a paralogue thereof;        preferably the encoded protein confers enhanced fungal        resistance relative to control plants;    -   (iii) an exogenous nucleic acid capable of hybridizing under        stringent conditions with a complementary sequence of any of the        nucleic acids according to (i) or (ii); preferably encoding a        HCP5 protein; preferably wherein the nucleic acid molecule codes        for a polypeptide which has essentially identical properties to        the polypeptide described in SEQ ID NO: 12 or 3; preferably the        encoded protein confers enhanced fungal resistance relative to        control plants; and/or by    -   (iv) an exogenous nucleic acid encoding the same HCP5 protein as        any of the nucleic acids of (i) to (iii) above, but differing        from the nucleic acids of (i) to (iii) above due to the        degeneracy of the genetic code.

Another preferred embodiment is a method for plant improvementcomprising

-   (a) obtaining a transgenic plant by any of the methods of the    present invention;-   (b) combining within one plant cell the genetic material of at least    one plant cell of the plant of (a) with the genetic material of at    least one cell differing in one or more gene from the plant cells of    the plants of (a) or crossing the transgenic plant of (a) with a    second plant;-   (c) obtaining seed from at least one plant generated from the one    plant cell of (b) or the plant of the cross of step (b);-   (d) planting said seeds and growing the seeds to plants; and-   (e) selecting from said plants, plants expressing the nucleic acid    encoding the HCP5 protein; and optionally-   (f) producing propagation material from the plants expressing the    nucleic acid encoding the HCP5 protein.

The transgenic plants may be selected by known methods as describedabove (e.g., by screening for the presence of one or more markers whichare encoded by plant-expressible genes co-transferred with the HCP5 geneor screening for the HCP5 nucleic acid itself).

According to the present invention, the introduced HCP5 nucleic acid maybe maintained in the plant cell stably if it is incorporated into anon-chromosomal autonomous replicon or integrated into the plantchromosomes. Whether present in an extra-chromosomal non-replicating orreplicating vector construct or a vector construct that is integratedinto a chromosome, the exogenous HCP5 nucleic acid preferably resides ina plant expression cassette. A plant expression cassette preferablycontains regulatory sequences capable of driving gene expression inplant cells that are functional linked so that each sequence can fulfillits function, for example, termination of transcription bypolyadenylation signals. Preferred polyadenylation signals are thoseoriginating from Agrobacterium tumefaciens t-DNA such as the gene 3known as octopine synthase of the Ti-plasmid pTiACH5 (Gielen et al.,1984, EMBO J. 3:835) or functional equivalents thereof, but also allother terminators functionally active in plants are suitable. As plantgene expression is very often not limited on transcriptional levels, aplant expression cassette preferably contains other functional linkedsequences like translational enhancers such as the overdrive-sequencecontaining the 5′-untranslated leader sequence from tobacco mosaic virusincreasing the polypeptide per RNA ratio (Gallie et al., 1987, Nucl.Acids Research 15:8693-8711). Examples of plant expression vectorsinclude those detailed in: Becker, D. et al., 1992, New plant binaryvectors with selectable markers located proximal to the left border,Plant Mol. Biol. 20:1195-1197; Bevan, M. W., 1984, Binary Agrobacteriumvectors for plant transformation, Nucl. Acid. Res. 12:8711-8721; andVectors for Gene Transfer in Higher Plants; in: Transgenic Plants, Vol.1, Engineering and Utilization, eds.: Kung and R. Wu, Academic Press,1993, S. 15-38.

EXAMPLES

The following examples are not intended to limit the scope of the claimsto the invention, but are rather intended to be exemplary of certainembodiments. Any variations in the exemplified methods that occur to theskilled artisan are intended to fall within the scope of the presentinvention.

Example 1 General Methods

The chemical synthesis of oligonucleotides can be affected, for example,in the known fashion using the phosphoamidite method (Voet, Voet, 2ndEdition, Wiley Press New York, pages 896-897). The cloning steps carriedout for the purposes of the present invention such as, for example,restriction cleavages, agarose gel electrophoresis, purification of DNAfragments, transfer of nucleic acids to nitrocellulose and nylonmembranes, linking DNA fragments, transformation of E. coli cells,bacterial cultures, phage multiplication and sequence analysis ofrecombinant DNA, are carried out as described by Sambrook et al. ColdSpring Harbor Laboratory Press (1989), ISBN 0-87969-309-6. Thesequencing of recombinant DNA molecules is carried out with an MWG-Licorlaser fluorescence DNA sequencer following the method of Sanger (Sangeret al., Proc. Natl. Acad. Sci. USA 74, 5463 (1977)).

Example 2 Cloning of Overexpression Vector Constructs

The cDNA was produced from Arabidopsis thaliana (ecotype Col-0) RNA byusing the Superscript II cDNA synthesis kit (Invitrogen). All steps ofcDNA preparation and purification were performed according as describedin the manual.

First, the HCP5 sequence from 5′UTR to 3′UTR (including the full-lengthHCP5) was specifically amplified from the cDNA by PCR as described inthe protocol of the Phusion hot-start, Pfu Ultra, Pfu Turbo or HerculaseDNA polymerase (Stratagene).

The composition for the protocol of the Pfu Ultra, Pfu Turbo orHerculase DNA polymerase was as follows: 1×PCR buffer, 0.2 mM of eachdNTP, 100 ng cDNA of Arabidopsis thaliana (var Columbia-0), 50 pmolforward primer, 50 pmol reverse primer, 1 u Phusion hot-start, PfuUltra, Pfu Turbo or Herculase DNA polymerase.

The amplification cycles were as follows:

1 cycle of 60 seconds at 98° C., followed by 35 cycles of in each case10 seconds at 98° C., 30 seconds at 60° C. and 90 seconds at 72° C.,followed by 1 cycle of 10 minutes at 72° C., then 4° C.

The primers (as shown in SEQ ID 6 and 7) were designed in a way that thespecifically bind to sequences in the 5′ and 3′UTR upstream of the startATG an downstream of the stop codon of the HCP5 coding sequence.

i) forward primer: (SEQ ID NO: 6) 5′-CTGGATTTAGGCAAGAGGAAG-3′ii) reverse primer: (SEQ ID NO: 7) 5′-GCTCGGAGGGAGAATTAAGAA-3′

The amplified fragment (2458 bp) was eluted and purified from an 1%agarose gel by using the Nucleospin Extract II Kit (Macherey and Nagel,Dueren, Germany). To generate a DNA fragment that contains therestriction sites for cloning a Re-PCR was performed using primers (asshown in SEQ ID NO: 8 and SEQ ID NO: 9) that were designed in a way thatan XmaI restriction site is located in front of the start-ATG and aSacII restriction site downstream of the stop-codon.

The HCP5 full-length sequence (SEQ ID NO: 1) was specifically amplifiedfrom the eluted PCR fragment (see above) by PCR as described in theprotocol of the Phusion hot-start, Pfu Ultra, Pfu Turbo or Herculase DNApolymerase (Stratagene).

The composition for the protocol of the Pfu Ultra, Pfu Turbo orHerculase DNA polymerase was as follows: 1×PCR buffer, 0.2 mM of eachdNTP, 10-50 ng template DNA derived from the previous PCR of, 50 pmolforward primer, 50 pmol reverse primer, 1 u Phusion hot-start, PfuUltra, Pfu Turbo or Herculase DNA polymerase.

The amplification cycles were as follows:

1 cycle of 60 seconds at 98° C., followed by 35 cycles of in each case10 seconds at 98° C., 30 seconds at 60° C. and 90 seconds at 72° C.,followed by 1 cycle of 10 minutes at 72° C., then 4° C.

The following primer sequences were used to specifically amplify theHCP5 full-length DNA for cloning purposes:

i) forward primer: (SEQ ID NO: 8) 5′-TACCCGGGATGCTTTTTAATTTGAACGATGAG-3′ii) reverse primer: (SEQ ID NO: 9) 5′-AACCGCGGCTACTCGTCGGGCCAAGT-3′

The primers (as shown in SEQ ID NO: 8 and SEQ ID NO: 9) were designed ina way that an XmaI restriction site is located in front of the start-ATGand a SacII restriction site downstream of the stop-codon.

The amplified fragments were digested using the restriction enzymes XmaIand SacII (NEB Biolabs) and ligated in a XmaI/SacII digested GatewaypENTRY-B vector (Invitrogen, Life Technologies, Carlsbad, Calif., USA)in a way that the full-length HCP5 fragment is located in sensedirection between the attL1 and attL2 recombination sites.

It is also possible to generate all DNA fragments mentioned in thisinvention by DNA synthesis (Geneart, Regensburg, Germany).

To obtain the binary plant transformation vector, a triple LR reaction(Gateway system, Invitrogen, Life Technologies, Carlsbad, Calif., USA)was performed according to manufacturer's protocol by using a pENTRY-Avector containing a parsley ubiquitine promoter, the HCP5 full-lengthgene in a pENTRY-B vector and a pENTRY-C vector containing theterminator of the cathepsin D inhibitor gene from Solanum tuberosum. Astarget a binary pDEST vector was used which is composed of: (1) aSpectinomycin/Streptomycin resistance cassette for bacterial selection,(2) a pVS1 origin for replication in Agrobacteria, (3) a pBR322 originof replication for stable maintenance in E. coli, and (4) between theright and left border an AHAS selection under control of apcUbi-promoter (see FIG. 2). The recombination reaction was transformedinto E. coli (DH5alpha), mini-prepped and screened by specificrestriction digestions. A positive clone from each vector construct wassequenced and submitted soy transformation.

Example 3 Soy Transformation

The expression vector constructs (see example 2) were transformed intosoy.

3.1 Sterilization and Germination of Soy Seeds

Virtually any seed of any soy variety can be employed in the method ofthe invention. A variety of soybean cultivar (including Jack, Williams82, Jake, Stoddard and Resnik) is appropriate for soy transformation.Soy seeds were sterilized in a chamber with a chlorine gas produced byadding 3.5 ml 12N HCl drop wise into 100 ml bleach (5.25% sodiumhypochlorite) in a desiccator with a tightly fitting lid. After 24 to 48hours in the chamber, seeds were removed and approximately 18 to 20seeds were plated on solid GM medium with or without 5 μM6-benzyl-aminopurine (BAP) in 100 mm Petri dishes. Seedlings without BAPare more elongated and roots develop, especially secondary and lateralroot formation. BAP strengthens the seedling by forming a shorter andstockier seedling.

Seven-day-old seedlings grown in the light (>100μ Einstein/m²s) at 25°C. were used for explant material for the three-explant types. At thistime, the seed coat was split, and the epicotyl with the unifoliateleaves have grown to, at minimum, the length of the cotyledons. Theepicotyl should be at least 0.5 cm to avoid the cotyledonary-node tissue(since soycultivars and seed lots may vary in the developmental time adescription of the germination stage is more accurate than a specificgermination time).

For inoculation of entire seedlings, see Method A (example 3.3.1 and3.3.2) or leaf explants, see Method B (example 3.3.3).

For method C (see example 3.3.4), the hypocotyl and one and a half orpart of both cotyledons were removed from each seedling. The seedlingswere then placed on propagation media for 2 to 4 weeks. The seedlingsproduce several branched shoots to obtain explants from. The majority ofthe explants originated from the plantlet growing from the apical bud.These explants were preferably used as target tissue.

3.2—Growth and Preparation of Agrobacterium Culture

Agrobacterium cultures were prepared by streaking Agrobacterium (e.g.,A. tumefaciens or A. rhizogenes) carrying the desired binary vector(e.g. H. Klee. R. Horsch and S. Rogers 1987 Agrobacterium-Mediated PlantTransformation and its further Applications to Plant Biology; AnnualReview of Plant Physiology Vol. 38: 467-486) onto solid YEP growthmedium (YEP media: 10 g yeast extract, 10 g Bacto Peptone, 5 g NaCl,Adjust pH to 7.0, and bring final volume to 1 liter with H2O, for YEPagar plates add 20 g Agar, autoclave) and incubating at 25° C. untilcolonies appeared (about 2 days). Depending on the selectable markergenes present on the Ti or Ri plasmid, the binary vector, and thebacterial chromosomes, different selection compounds were be used for A.tumefaciens and A. rhizogenes selection in the YEP solid and liquidmedia. Various Agrobacterium strains can be used for the transformationmethod.

After approximately two days, a single colony (with a sterile toothpick)was picked and 50 ml of liquid YEP was inoculated with antibiotics andshaken at 175 rpm (25° C.) until an OD₆₀₀ between 0.8-1.0 is reached(approximately 2 d). Working glycerol stocks (15%) for transformationare prepared and one-ml of Agrobacterium stock aliquoted into 1.5 mlEppendorf tubes then stored at −80° C.

The day before explant inoculation, 200 ml of YEP were inoculated with 5μl to 3 ml of working Agrobacterium stock in a 500 ml Erlenmeyer flask.The flask was shaken overnight at 25° C. until the OD₆₀₀ was between 0.8and 1.0. Before preparing the soy explants, the Agrobacteria werepelleted by centrifugation for 10 min at 5,500×g at 20° C. The pelletwas resuspended in liquid CCM to the desired density (OD₆₀₀ 0.5-0.8) andplaced at room temperature at least 30 min before use.

3.3—Explant Preparation and Co-Cultivation (Inoculation)

3.3.1 Method A: Explant Preparation on the Day of Transformation.

Seedlings at this time had elongated epicotyls from at least 0.5 cm butgenerally between 0.5 and 2 cm. Elongated epicotyls up to 4 cm in lengthhad been successfully employed. Explants were then prepared with: i)with or without some roots, ii) with a partial, one or both cotyledons,all preformed leaves were removed including apical meristem, and thenode located at the first set of leaves was injured with several cutsusing a sharp scalpel.

This cutting at the node not only induced Agrobacterium infection butalso distributed the axillary meristem cells and damaged pre-formedshoots. After wounding and preparation, the explants were set aside in aPetri dish and subsequently co-cultivated with the liquidCCM/Agrobacterium mixture for 30 minutes. The explants were then removedfrom the liquid medium and plated on top of a sterile filter paper on15×100 mm Petri plates with solid co-cultivation medium. The woundedtarget tissues were placed such that they are in direct contact with themedium.

3.3.2 Modified Method A: Epicotyl Explant Preparation

Soyepicotyl segments prepared from 4 to 8 d old seedlings were used asexplants for regeneration and transformation. Seeds of soya cv.L00106CN, 93-41131 and Jack were germinated in 1/10 MS salts or asimilar composition medium with or without cytokinins for 4 to 8 d.Epicotyl explants were prepared by removing the cotyledonary node andstem node from the stem section. The epicotyl was cut into 2 to 5segments. Especially preferred are segments attached to the primary orhigher node comprising axillary meristematic tissue.

The explants were used for Agrobacterium infection. Agrobacterium AGL1harboring a plasmid with the gene of interest (GOI) and the AHAS, bar ordsdA selectable marker gene was cultured in LB medium with appropriateantibiotics overnight, harvested and resuspended in a inoculation mediumwith acetosyringone. Freshly prepared epicotyl segments were soaked inthe Agrobacterium suspension for 30 to 60 min and then the explants wereblotted dry on sterile filter papers. The inoculated explants were thencultured on a co-culture medium with L-cysteine and TTD and otherchemicals such as acetosyringone for increasing T-DNA delivery for 2 to4 d. The infected epicotyl explants were then placed on a shootinduction medium with selection agents such as imazapyr (for AHAS gene),glufosinate (for bar gene), or D-serine (for dsdA gene). The regeneratedshoots were subcultured on elongation medium with the selective agent.

For regeneration of transgenic plants the segments were then cultured ona medium with cytokinins such as BAP, TDZ and/or Kinetin for shootinduction. After 4 to 8 weeks, the cultured tissues were transferred toa medium with lower concentration of cytokinin for shoot elongation.Elongated shoots were transferred to a medium with auxin for rooting andplant development. Multiple shoots were regenerated.

Many stable transformed sectors showing strong cDNA expression wererecovered. Soybean plants were regenerated from epicotyl explants.Efficient T-DNA delivery and stable transformed sectors weredemonstrated.

3.3.3 Method B: Leaf Explants

For the preparation of the leaf explant the cotyledon was removed fromthe hypocotyl. The cotyledons were separated from one another and theepicotyl is removed. The primary leaves, which consist of the lamina,the petiole, and the stipules, were removed from the epicotyl bycarefully cutting at the base of the stipules such that the axillarymeristems were included on the explant. To wound the explant as well asto stimulate de novo shoot formation, any pre-formed shoots were removedand the area between the stipules was cut with a sharp scalpel 3 to 5times.

The explants are either completely immersed or the wounded petiole enddipped into the Agrobacterium suspension immediately after explantpreparation. After inoculation, the explants are blotted onto sterilefilter paper to remove excess Agrobacterium culture and place explantswith the wounded side in contact with a round 7 cm Whatman paperoverlaying the solid CCM medium (see above). This filter paper preventsA. tumefaciens overgrowth on the soy-explants. Wrap five plates withParafilm™ “M” (American National Can, Chicago, Ill., USA) and incubatefor three to five days in the dark or light at 25° C.

3.3.4 Method C: Propagated Axillary Meristem

For the preparation of the propagated axillary meristem explantpropagated 3-4 week-old plantlets were used. Axillary meristem explantscan be pre-pared from the first to the fourth node. An average of threeto four explants could be obtained from each seedling. The explants wereprepared from plantlets by cutting 0.5 to 1.0 cm below the axillary nodeon the internode and removing the petiole and leaf from the explant. Thetip where the axillary meristems lie was cut with a scalpel to induce denovo shoot growth and allow access of target cells to the Agrobacterium.Therefore, a 0.5 cm explant included the stem and a bud.

Once cut, the explants were immediately placed in the Agrobacteriumsuspension for 20 to 30 minutes. After inoculation, the explants wereblotted onto sterile filter paper to remove excess Agrobacterium culturethen placed almost completely immersed in solid CCM or on top of a round7 cm filter paper overlaying the solid CCM, depending on theAgrobacterium strain. This filter paper prevents Agrobacteriumovergrowth on the soy-explants. Plates were wrapped with Parafilm™ “M”(American National Can, Chicago, Ill., USA) and incubated for two tothree days in the dark at 25° C.

3.4—Shoot Induction

After 3 to 5 days co-cultivation in the dark at 25° C., the explantswere rinsed in liquid SIM medium (to remove excess Agrobacterium) (SIM,see Olhoft et al 2007 A novel Agrobacterium rhizogenes-mediatedtransformation method of soy using primary-node explants from seedlingsIn Vitro Cell. Dev. Biol.—Plant (2007) 43:536-549; to remove excessAgrobacterium) or Modwash medium (1× B5 major salts, 1× B5 minor salts,1× MSIII iron, 3% Sucrose, 1× B5 vitamins, 30 mM MES, 350 mg/L Timentin™pH 5.6, WO 2005/121345) and blotted dry on sterile filter paper (toprevent damage especially on the lamina) before placing on the solid SIMmedium. The approximately 5 explants (Method A) or 10 to 20 (Methods Band C) explants were placed such that the target tissue was in directcontact with the medium. During the first 2 weeks, the explants could becultured with or without selective medium. Preferably, explants weretransferred onto SIM without selection for one week.

For leaf explants (Method B), the explant should be placed into themedium such that it is perpendicular to the surface of the medium withthe petiole imbedded into the medium and the lamina out of the medium.

For propagated axillary meristem (Method C), the explant was placed intothe medium such that it was parallel to the surface of the medium(basipetal) with the explant partially embedded into the medium.

Wrap plates with Scotch 394 venting tape (3M, St. Paul, Minn., USA) wereplaced in a growth chamber for two weeks with a temperature averaging25° C. under 18 h light/6 h dark cycle at 70-100 μE/m²s. The explantsremained on the SIM medium with or without selection until de novo shootgrowth occurred at the target area (e.g., axillary meristems at thefirst node above the epicotyl). Transfers to fresh medium can occurduring this time. Explants were transferred from the SIM with or withoutselection to SIM with selection after about one week. At this time,there was considerable de novo shoot development at the base of thepetiole of the leaf explants in a variety of SIM (Method B), at theprimary node for seedling explants (Method A), and at the axillary nodesof propagated explants (Method C).

Preferably, all shoots formed before transformation were removed up to 2weeks after co-cultivation to stimulate new growth from the meristems.This helped to reduce chimerism in the primary transformant and increaseamplification of transgenic meristematic cells. During this time theexplant may or may not be cut into smaller pieces (i.e. detaching thenode from the explant by cutting the epicotyl).

3.5—Shoot Elongation

After 2 to 4 weeks (or until a mass of shoots was formed) on SIM medium(preferably with selection), the explants were transferred to SEM medium(shoot elongation medium, see Olhoft et al 2007 A novel Agrobacteriumrhizogenes-mediated transformation method of soy using primary-nodeexplants from seedlings. In Vitro Cell. Dev. Biol. Plant (2007)43:536-549) that stimulates shoot elongation of the shoot primordia.This medium may or may not contain a selection compound.

After every 2 to 3 weeks, the explants were transferred to fresh SEMmedium (preferably containing selection) after carefully removing deadtissue. The explants should hold together and not fragment into piecesand retain somewhat healthy. The explants were continued to betransferred until the explant dies or shoots elongate. Elongatedshoots >3 cm were removed and placed into RM medium for about 1 week(Method A and B), or about 2 to 4 weeks depending on the cultivar(Method C) at which time roots began to form. In the case of explantswith roots, they were transferred directly into soil. Rooted shoots weretransferred to soil and hardened in a growth chamber for 2 to 3 weeksbefore transferring to the greenhouse. Regenerated plants obtained usingthis method were fertile and produced on average 500 seeds per plant.

After 5 days of co-cultivation with Agrobacterium tumefaciens transientexpression of the gene of interest (GOI) was widespread on the seedlingaxillary meristem explants especially in the regions wounding duringexplant preparation (Method A). Explants were placed into shootinduction medium without selection to see how the primary-node respondsto shoot induction and regeneration. Thus far, greater than 70% of theexplants were formed new shoots at this region. Expression of the GOIwas stable after 14 days on SIM, implying integration of the T-DNA intothe soy genome. In addition, preliminary experiments resulted in theformation of cDNA expressing shoots forming after 3 weeks on SIM.

For Method C, the average regeneration time of a soy plantlet using thepropagated axillary meristem protocol was 14 weeks from explantinoculation. Therefore, this method has a quick regeneration time thatleads to fertile, healthy soy plants.

Example 4 Pathogen Assay

4.1. Growth of Plants

10 T₁ plants per event were potted and grown for 3-4 weeks in thephytochamber (16 h-day-und 8 h-night-Rhythm at a temperature of 16 and22° C. and a humidity of 75%) till the first 2 trifoliate leaves werefully expanded.

4.2 Inoculation

The plants were inoculated with spores of P. pachyrhizi.

In order to obtain appropriate spore material for the inoculation,soybean leaves which had been infected with rust 15-20 days ago, weretaken 2-3 days before the inoculation and transferred to agar plates (1%agar in H2O). The leaves were placed with their upper side onto theagar, which allowed the fungus to grow through the tissue and to producevery young spores. For the inoculation solution, the spores were knockedoff the leaves and were added to a Tween-H2O solution. The counting ofspores was performed under a light microscope by means of a Thomacounting chamber. For the inoculation of the plants, the sporesuspension was added into a compressed-air operated spray flask andapplied uniformly onto the plants or the leaves until the leaf surfaceis well moisturized. For macroscopic assays we used a spore density of1-5×10⁵ spores/ml. For the microscopy, a density of >5×10⁵ spores/ml isused. The inoculated plants were placed for 24 hours in a greenhousechamber with an average of 22° C. and >90% of air humidity. Thefollowing cultivation was performed in a chamber with an average of 25°C. and 70% of air humidity.

Example 5 Microscopical Screening

For the evaluation of the pathogen development, the inoculated leaves ofplants were stained with aniline blue 48 hours after infection.

The aniline blue staining serves for the detection of fluorescentsubstances. During the defense reactions in host interactions andnon-host interactions, substances such as phenols, callose or ligninaccumulated or were produced and were incorporated at the cell walleither locally in papillae or in the whole cell (hypersensitivereaction, HR). Complexes were formed in association with aniline blue,which lead e.g. in the case of callose to yellow fluorescence. The leafmaterial was transferred to falcon tubes or dishes containing destainingsolution II (ethanol/acetic acid 6/1) and was incubated in a water bathat 90° C. for 10-15 minutes. The destaining solution II was removedimmediately thereafter, and the leaves were washed 2× with water. Forthe staining, the leaves were incubated for 1.5-2 hours in stainingsolution II (0.05% aniline blue=methyl blue, 0.067 M di-potassiumhydrogen phosphate) and analyzed by microscopy immediately thereafter.

The different interaction types were evaluated (counted) by microscopy.An Olympus UV microscope BX61 (incident light) and a UV Longpath filter(excitation: 375/15, Beam splitter: 405 LP) are used. After aniline bluestaining, the spores appeared blue under UV light. The papillae could berecognized beneath the fungal appressorium by a green/yellow staining.The hypersensitive reaction (HR) was characterized by a whole cellfluorescence.

Example 6 Evaluating the Susceptibility to Soybean Rust

The progression of the soybean rust disease was scored by the estimationof the diseased area (area which was covered by sporulating uredinia) onthe backside (abaxial side) of the leaf. Additionally the yellowing ofthe leaf was taken into account (for scheme see FIG. 1).

At all 50 T₁ soybean plants (5 independent events, 10 plants each)expressing HCP5 protein were inoculated with spores of Phakopsorapachyrhizi. The macroscopic disease symptoms of soy against P.pachyrhizi of the inoculated soybean plants were scored 14 days afterinoculation.

The average of the percentage of the leaf area showing fungal coloniesor strong yellowing/browning on all leaves was considered as diseasedleaf area. At all 50 soybean T₁ plants expressing HCP5 (expressionchecked by RT-PCR) were evaluated in parallel to non-transgenic controlplants. Non-transgenic soy plants grown in parallel to the transgenicplants were used as control. The average of the diseased leaf area isshown in FIG. 8 for plants exogenously expressing HCP5 compared withwildtype plants. Overexpression of HCP5 reduces the diseased leaf areain comparison to non-transgenic control plants by 25.1% in average overall events generated. This data clearly indicates that the in-plantaexpression of the HCP5 expression vector construct lead to a lowerdisease scoring of transgenic plants compared to non-transgeniccontrols. So, the expression of HCP5 (as shown in SEQ ID NO: 1) insoybean significantly (*: p<0.05) increases the resistance of soyagainst soybean rust.

1. A transgenic soybean plant comprising an exogenous nucleic acidencoding an HCP5 protein comprising an amino acid sequence having atleast 73% identity with SEQ ID NO:3 operably linked to a promoter,wherein the HCP5 protein confers increased resistance against Phakopsorathereto in comparison to a wild type plant.
 2. A harvestable part of thetransgenic plant of claim 1, wherein the part comprises the exogenousnucleic acid encoding the HCP5 protein.
 3. A product derived from theplant of claim 1, wherein the product comprises the exogenous nucleicacid encoding the HCP5 protein.
 4. A method for the production of aproduct, said method comprising: a) growing the plant of claim 1; and b)producing said product from the plant and/or a part thereof; wherein theproduct obtained by said method comprises the nucleic acid encoding theHCP5 protein.
 5. The method of claim 4, wherein the product is producedfrom the seeds of the plant.
 6. The method of claim 4, wherein theproduct is meal or oil.
 7. A method for breeding a fungal resistantplant, said method comprising: (a) crossing the plant of claim 1 with asecond plant; (b) obtaining seed from the cross of step (a); (c)planting said seeds and growing the seeds to plants; and (d) selectingfrom the plants produced in step (c) plants expressing the HCP5 protein.8. The product of claim 3, wherein the product is soybean meal or soyoil.
 9. The transgenic soybean plant of claim 1, wherein the HCP5protein comprises an amino acid sequence having at least 80% identitywith SEQ ID NO:
 3. 10. The transgenic soybean plant of claim 1, whereinthe HCP5 protein comprises an amino acid sequence having at least 85%identity with SEQ ID NO:
 3. 11. The transgenic soybean plant of claim 1,wherein the HCP5 protein comprises an amino acid sequence having atleast 90% identity with SEQ ID NO:
 3. 12. The transgenic soybean plantof claim 1, wherein the HCP5 protein comprises an amino acid sequencehaving at least 95% identity with SEQ ID NO: 3.